April 17, 2014 - 23:07
     
Jury finds in favor of Mountain Club
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A jury returned a verdict in favor of the defendants in the civil suit filed against Ocoee Mountain Club.

A jury returned a verdict in favor of the defendants in the civil suit filed against Ocoee Mountain Club. Ocoee Land Holdings LLC, Paul Fetzner, Lou Lentine, and Glenn Fetzner were all named in the lawsuit. The jury did not find sufficient evidence against them on any of the counts of the lawsuit.

Initially begun with three plaintiffs, two of the couples filed a Voluntary Notice of Dismissal before the trial was complete. Joan and Kenneth McIlrath and Carolyn and Michael Van Demark removed themselves from the case on January 30th. The jury’s verdict addressed only the claims of Gerald and Kathy Barrett.

According to the jury form, jurors did not find a preponderance of evidence to show Ocoee Land Holdings, Paul Fetzner, Lou Lentine, or Glenn Fetzner employed unfair or deceptive acts or practices in violation of the Tennessee Consumer Protection Act.

One the charge of Promissory Fraud, jurors said the Barretts did not prove Ocoee Land Holdings, Ocoee Mountain Homes, Paul Fetzner, Lou Lentine, or Glenn Fetzner committed fraud.

Charges that Paul Fetzner Lou Lentine, and Glenn Fetzner engaged in civil conspiracy while acting outside the scope of employment with Ocoee Land Holdings or Ocoee Mountain Homes for their own personal interests was also not proven beyond preponderance of the evidence, according to the jury. A request for punitive damages by the Barretts was denied. Jurors did not agree that the defendants acted fraudulently, maliciously, or recklessly.

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