Preface: I hate the climate of litigation in this country that leads people to go looking for deep pockets whenever something bad happens them. In that regard, I wish this lawsuit were not happening and certainly believe that I would not file a suit if I were in the same position.
However, I can't help but wonder what the tone of this discussion would be if the jumper had hurt himself on his first H&P. The general consensus absolving the pilot/DZO of any responsibility is "...everyone knows this is SOP at Lodi...he was warned multiple times after his first jump...". What happens if someone else with 100 jumps or so shows up and ends up hitting the stabilizer on their first H&P, before having a chance to learn SOP or be warned regarding proper exits?
Ultimately, I hope that the waivers, warnings, and arguments of personal responsibility prevail in this case and it is thrown out. Additionally, there are no FAA regs/BSR's/or other rules preventing DZO's from making what choices they wish in this specific instance. But it seems to me that the meager efficiency benefits of a climbing pass aren't worth exposing yourself to greater liability from the sadly inevitable lawsuits when you've actively provided a riskier environment for jumpers. Matthew Wallin
C-37899