Kevin Gray and Steven Bader win Jury Trial in Multi-Million Dollar Case in Brainerd

Attorneys Kevin Gray and Steven Bader obtained a defense verdict on behalf of a homeowner's association in a lawsuit involving multi-million dollar damages. The plaintiff became a C4, C5, C6 quadriplegic after he dove into shallow water from a lakeside dock. The plaintiff sued the homeowner's association, which owned the dock, and a nearby resort. The plaintiff was a guest of the resort, but stayed in the association apartment complex because some members of the association had entered into rental agreements with the resorts that allowed the resort to place guests in the building.

The plaintiff, a Canadian citizen, was an experienced swimmer and diver. However, he had never visited this particular lake prior to the accident and had not entered the water prior to his dive. The accident occurred around dusk. The water at the end of the dock was approximately three feet deep, but estimates varied among the witnesses. The dock and grounds did not include a "No Diving" sign, but did display a "Swim at your Own Risk" sign.

The plaintiff alleged the defendant's failed to warn him of the shallow water. He also alleged that the length of the dock (120') suggested it led to deep water. Fact witnesses testified that the water was clear and the bottom was visible. The plaintiff had a significant blood alcohol concentration at the time of the accident.

The jury ultimately determined that the homeowner's association was not negligent and had no liability for the unfortunate accident.

Rand v. Breezy Point Resort and Breezy Point Lodge Apartment Owners Association, Crow Wing County District Court, 18-CV-16-1937