Case Style: David N. Ingle v. Challenge Quest, LLC, Indian Nations Council, Inc. Boy Scots of American, Boy Scouts of America Inc.
Case Number: CJ-2014-2793
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Pat Carr
Defendant's Attorney: Craig Buchan
Description: Tulsa, OK - David N. Ingle sued Challenge Quest, LLC, Indian Nations Council, Inc. Boy Scots of American, Boy Scouts of America Inc. on negligence theories claiming:
1. This action arises out of personal injuries suffered by David N. Ingle and Paula L. Hunalp on October 19, 2013 from a zip-line constructed and operated by the Defendants at Camp Garland near the city of Locust Grove, in the State of Oklahoma.
2. Defendant Challenge Quest, L.L.C. (Challenge Quest) is an Oklahoma corporation that designs, constructs, and maintains outdoor recreational equipment and
provides related operational training and other services to business and organizations.
3. Defendant Indian Nations Council, Inc., Boy Scouts of America(Jfifei A)
is an Oklahoma corporation operating through a charter from Defendant Boy Scouts of America, Inc. (BSA), and operates Camp Garland,INC/BSA's principle place of business is located in the City of Tulsa and can be served process through its service located in Tulsa County, Oklahoma.
4. At all times relevant herein, Defendant BSA is a District of Columbia corporation and had granted a charter to Defendant INC/BSA requiring INC/BSA to operate under SSA's Bylaws, Rules, and Regulations (or otherwise under the direction and control of BSA) such that Defendants INC/BSA and BSA are jointly liable for the acts of each other. (Defendants INC/BSA and BSA will be referred to collectively hereinafter as BSA.)
5. On October 19, 2013, Defendants BSA, through its employees/volunteers, were operating a zip-line designed, constructed, and maintained by Defendant Challenge Quest and located at SSA's Camp Garland.
6. On the date above, the Plaintiffs were equipped and harnessed by Defendants BSA employees/volunteers and, while under the supervision and control of BSA employees/volunteers, were sent down the zip-line whereby at the end of the zip line the Plaintiffs' bodies struck each other causing serious injuries.
7. The Plaintiffs' injuries and damages were caused by the negligence of the Defendant Challenge Quest by its failure to safely design, construct, test, and/or maintain the zip-line and in Challenge Quest's failure to properly train BSA employees/volunteers in the operation and/or maintenance of the zip-line.
8. The Plaintiffs' injuries and damages were caused by the negligence of Defendants BSA by virtue of the negligence of its employees/volunteers in the operation and maintenance of the zip-line, and by SSA's direct negligence in its hiring or retaining incompetent employees/volunteers, and/or its failure to safely train its employees/volunteers in the safe operation and maintenance of the zip-line.
9. As a result of the negligence of the Defendants, each Plaintiff suffered injuries and damages in excess of $75,000 as follows:
A. Past and future medical expenses;
B. Past and future physical pain and suffering;
C. Past and future mental pain and suffering;
D. Permanent impairment;
E. Scarring and disfigurement;
F. Loss of earning capacity;
G. Loss of enjoyment of life;
H. Other damages to be more fully set forth after discovery is completed.
10. The actions of the Defendants were such that each Defendant is liable for punitive damages in an amount in excess of $75,000.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.