three years ago is suing a local scuba diving company, claiming it was negligent.

Mrs. Victoria Elizabeth Selph, wife of the late Mr. Gregory Bruce Wilson, took out a Supreme Court writ against South Side Scuba Limited this week.

The writ, which was filed on her behalf by local lawyer Mr. Michael Scott, does not list the amount of damages Mrs. Selph is seeking.

But yesterday Mr. Scott said when the amount is assessed "it should be substantial due to Mr. Wilson's age and dependents.'' Mr. Wilson, who was a 42-year-old cruise ship passenger from Maryland, died during a regulated diving expedition with South Side Scuba off Grotto Bay on May 18, 1989.

Coroner Mr. John Judge ruled, during the inquest on August 16, 1990, that Mr.

Wilson's death was accidental.

But a Police investigations report suggested that his condition "may have worsened'' during the half hour he spent on the surface of the water awaiting the arrival of the scuba diving boat.

"From investigations it would appear that the deceased may have taken water into his lungs while on the surface and began hyperventilating,'' Police stated. "As a result it may have become difficult to keep the regulator in his mouth, thereby creating the possibility of more water getting into his lungs.

"His condition may have worsened during the period of about 30 minutes spent on the surface, awaiting the arrival of the boat, and he apparently collapsed prior to being taken out of the water into the boat.

"It would appear that the lookout/deck hand, Ian Mackie, stayed on the boat for about 30 minutes without taking any positive action to help the divers.'' The report also noted that Mr. Mackie said he heard no screams and saw no signs from the divers who were estimated to be 50 to 200 yards away -- "yet he could see all the divers on the surface with their buoyancy compensators inflated, holding onto each other.'' The report stated that Mr. Mackie did not "equate the situation with an emergency'' although he "watched them drift further and further away,'' and that he was instructed to move the boat only in emergency situations.

"This report shows that there are elements of negligence,'' Mr. Scott said.

"And we're going to allege negligence on the part of the diving operator despite the coroner's finding.'' Mr. Scott also noted that the Police report suggested that the Marine and Ports Department should consider reviewing the requirements for resort scuba diving operations and it stated the review should take into account: the weather/seas conditions that they operate in; proximity to shore of dive sites in the event of a diving accident; the qualifications, duties and abilities of boat look-outs; and annual licensing of the actual resort scuba diving operations.