United States District Court, E.D. Tennessee, Knoxville
TIMOTHY JOHN HOOD, Individually, and As Pare nt and Statutory Guardian of S.H., a Minor
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
F. Rust, Esq. Counsel for Defendant Cabins For You, LLC.
E. Long, Esq. Counsel for Defendant Cabins For You, LLC.
L. Powers, Esq. Counsel for Defendant Cabins For You, LLC.
L. Herman-Thompson, Esq. Counsel for Defendant Igloo
Tyler Chastain, Esq. Counsel for Defendant Jerry Williams
d/b/a Carousel Kids.
Alexander Vogel, Esq. Counsel for Defendants James &
Terri Scountas d/b/a Outdoor Spas.
Paul Brewer, Esq. Counsel for Defendant Watkins Manufacturing
MEMORANDUM (JOINT MOTION FOR LEAVE TO FILE UNREDACTED
DOCUMENTS UNDER SEAL)
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:
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.
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)
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
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 ...