Negligence lawsuit dismissed

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By Calen McKinney

Claims in a lawsuit alleging negligence when a young boy fell from a third-story window of a dormitory have been dismissed. And with the dismissal, the case is now closed.

In 2008, Greg Fetzer and Mary Fetzer, individually and as the natural guardians of minor child Trevor Fetzer filed suit against Campbellsville University of University Drive in Campbellsville, Lift Student Ministries Inc. of Oak Hill in Somerset, West Hill Baptist Church of Wooster, Ohio and other unknown defendants.

The plaintiffs alleged the defendants were responsible for medical expenses suffered when Trevor Fetzer fell while on campus. The plaintiffs also sought physical and mental damages, pain and suffering and court costs.

In October 2012, a Taylor County Circuit Court jury ordered that the Ohio family receive $294,520.37. About two months later, notice was filed that the judgment had been paid.

According to court records, Trevor Fetzer, who was 13 at the time of the incident, had been attending a youth camp at the school in June 2007 when he reportedly rolled from his bunk bed and out a large window to the ground below.  

The boy suffered "severe and permanent" injuries, according to the complaint, because university and camp personnel failed to maintain a safe environment and adequate oversight for its campers.

When they made their decision, jurors found CU officials, along with staff members from two churches that sponsored the camp, mostly negligent for the injuries.

Jurors ruled that CU was 75 percent at fault, LIFT Student Ministries was 20 and West Hill Baptist Church was 5 percent at fault.

And, they jury found, Trevor Fetzer was 5-percent culpable, the jury ruled.

The defendants filed several counterclaims in the case before the verdict was rendered, however, claiming another defendant was responsible for the boy's injuries.

CU filed a third-party complaint claiming that Underwriters at Lloyd's, London, Bolton & Co. Inc. and John Thackery were responsible for the boy's injuries.

Last Tuesday, an agreed order was filed dismissing those claims. The order states that the parties involved have reached a settlement agreement, and CU has agreed to not pursue claims against Thackery's estate.

The details of the settlement weren't included in the order.

Any remaining claims in the case were dismissed with prejudice. When a case is dismissed with prejudice, according to Black's Law Dictionary, it can't be prosecuted again.