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Hood v. Cabins For You, LLC

United States District Court, E.D. Tennessee, Knoxville

April 28, 2017

TIMOTHY JOHN HOOD, Individually, and As Pare nt and Statutory Guardian of S.H., a Minor
v.
CABINS FOR YOU, LLC AND IGLOO INVESTMENTS, LLC AND JERRY WI LL IAMS D/B/A CAROUSEL KIDS AND JAMES AND TERRI SCOUNTAS D/B/A OUTDOOR SP AS AND WATKINS MANUFACTURING CORPORATION and Its Subsidiary, AMERICAN HYDROTHERAPY SYSTEMS, LLC As Successor In Interest to FREE FLOW PRODUCTS, INC, DEFENDANTS. AND JESSICA HOOD, Individually, and As Parent of S.H., a Minor, PLAINTIFFS,

          Kelley, Brown & Breeding, PSC John F. Kelley, Jr. Counsel for Plaintiffs Timothy John Hood, Jessica Hood and S.H., a minor.

          Adam F. Rust, Esq. Counsel for Defendant Cabins For You, LLC.

          David E. Long, Esq. Counsel for Defendant Cabins For You, LLC.

          Rick L. Powers, Esq. Counsel for Defendant Cabins For You, LLC.

          Emily L. Herman-Thompson, Esq. Counsel for Defendant Igloo Investments, LLC.

          W. Tyler Chastain, Esq. Counsel for Defendant Jerry Williams d/b/a Carousel Kids.

          P. Alexander Vogel, Esq. Counsel for Defendants James & Terri Scountas d/b/a Outdoor Spas.

          J. Paul Brewer, Esq. Counsel for Defendant Watkins Manufacturing Corporation.

          MEMORANDUM (JOINT MOTION FOR LEAVE TO FILE UNREDACTED DOCUMENTS UNDER SEAL)

         Come now all parties, by and through their respective counsel, and submit the following memorandum in support of their joint motion for leave to file under seal an unredacted copy of their joint motion for approval of settlement including certain exhibits and affidavits:

         STATEMENT OF CASE

         As set out in previous pleadings, this action was brought on behalf of a now five-year-old child, S.H., who suffered a serious injury on October 8, 2015 while her family was staying at a resort cabin located near Sevierville, Tennessee. She was sitting on a bench in the hot tub when the lower portion of her body was suddenly sucked into a filtration system causing both a rectal prolapse and extensive perianal bruising.

         In this action, her parents sought to recover special compensatory and punitive damages as a result of physical injuries S.H. sustained in that accident and her continued post-traumatic stress. The parents also asserted claims for infliction of emotional distress. (Doc#: 1, Page ID#: 1-10)

         Named as the original defendants were the cabin owner, Igloo Investments, LLC, and its management company, Cabins For You, LLC. Later joined by amended complaint were the putative manufacturer, Free Flow Products, Inc., and its successors in interest, American Hydrotherapy Systems, LLC, and Watkins Manufacturing Corporation. Also named were two contractors responsible for the maintenance and repair of the hot tub: Jerry Williams doing business as Carousel Kids as well as James and Terri Scourtas of Outdoor Spas. (Doc#: 65, Page ID#: 620-640)

         During the course of the action, the parties exchanged initial disclosures as well as other responses to written discovery. This included the Minor Child's medical records detailing her treatment for injuries sustained in this accident. That exchange, however, was subject to an agreed protective order so to ...


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