Oregon Judge Dismisses $4M Suit in Family Drowning

April 28, 2017

A judge has dismissed a $4 million lawsuit filed by a relative of four people who drowned in a northwest Oregon lake in 2014.

The Oregonian/OregonLive reported Judge Andrew Erwin dismissed the suit after Washington County argued it was entitled to immunity.

The county argued immunity under a state law that says a public land owner isn’t liable for deaths or injuries that occur during recreational use of land.

Fishermen found the body of 3-year-old Jeremy Scholl after the Aug. 25 drownings. The bodies of his mother, Gabriela Garcia-Ixtacua; her brother, Michael Garcia-Ixtacua; and their mother, Jova Ixtacua-Castano, were found nearby.

The lawsuit contended the children stepped into or floated above a deep trench near the wading area, then disappeared into the water. The women tried to rescue them, but were caught in the drop-off.

An attorney for the family said they plan to appeal.

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