Motion to Dismiss accepted
A case against Ocoee Rafting, LLC, has been dismissed in US District Court after a joint Motion to Dismiss was filed by both parties In October.
A case against Ocoee Rafting, LLC, has been dismissed in US District Court after a joint Motion to Dismiss was filed by both parties In October. Spencer Hayes had initially alleged the rafting company was liable for the broken leg he sustained during a whitewater rafting trip.
The two parties had engaged in settlement discussions over the course of the litigation, but had derailed when the plaintiff’s demand more than doubled.
A motion to dismiss had been filed by Ocoee Rafting in May alleging extortion, citing the mention of an interview with Dateline NBC when the new settlement demand was made. That motion was dismissed in August and an agreed order came down in to allow attorneys for Ocoee Rafting to have access to all of Hayes’s medical records pertaining to the incident.
The joint motion for dismissal filed in October said “the parties represented to the Court that all matters in controversy have been compromised and settled in accordance with terms and conditions of a separately signed release agreement.”
Hayes had filed suit in U.S. District Court August 2011 after suffering a broken leg, claiming the guide asked the customers if they wanted to go spinning through one of the rapids and he and a friend said no. The lawsuit claimed the guide ignored their wishes, Hayes fell out and was pulled into the rapid, then smashed into the rocks and suffered a leg broken in five places and bleeding. The outfitter denied any negligence, said Hayes did not follow safety instructions, and noted that Hayes had signed a waiver before the trip.
According to the Order of Dismissal, filed by Judge Curtis Collier, “any subrogation claims or leans, including, but not limited to, medical and attorney’s liens, if and to the extent required by law to be paid will be satisfied by the Plaintiff from the settlement proceeds.”
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