Suit settled – Power Motorsports settles Sea-Doo death lawsuit
Sublimity-based Power Motorsports is among defendants who have settled a wrongful death lawsuit over a young boy killed in a Sea-Doo collision in Sweet Home in 2020.
On Sept. 3, a probate judge approved a settlement in Marion County Circuit Court involving claims brought by the Estate of Zachary Maynard, the terms of which were confidential.
The settlement resolves claims against all defendants, which included Power Motorsports and Sea-Doo manufacturer Bombardier Recreational Products Inc., of Canada.
Maynard’s family filed suit Sept. 12, 2022, seeking $9.5 million for the collision on July 20, 2020, that killed Maynard, 6, of Sweet Home. The collision also injured Maynard’s brother, according to court records, and the settlement will resolve this claim as well.
A third child, an eight-year-old girl, was also injured and her family filed a separate $1.2 million lawsuit. According to court records, these parties reached a settlement in June that has yet to be finalized in court.
According to the Maynard lawsuit, a Sea-Doo purchased from Power Motorsports sped out of control at Foster Reservoir, in Sweet Home, into a group of swimmers. The operator of the vehicle, Antonio Cassanova-Gonzalez, of Salem, had placed his life jacket on the handlebars which depressed the throttle and caused the Sea-Doo to accelerate unmanned.
The suit claimed the throttle was improperly positioned when the vehicle was assembled by Power Motorsports, and that Bombardier improperly designed the vehicle.
Both companies denied wrongdoing and said the other was at fault, and also blamed the individuals who purchased and operated the Sea-Doo. Additionally, Power Motorsports blamed the contractor they used to have the vehicle assembled.
Jail, probation for child porn
A Stayton man has been sentenced to six months in jail and five years of probation after pleading guilty to possessing child pornography, avoiding a lengthy prison sentence in favor of treatment. On Sept. 15, Frederick Neil Cusimano, 23, was sentenced in Marion County Circuit Court to 180 days in the Marion County Jail, followed by 60 months of supervised probation.
He pleaded guilty July 14 to four counts of first-degree encouraging child sex abuse and two counts of encouraging sexual assault of an animal. He was accused of downloading multiple media files depicting sexual acts involving children in April and May of 2024.
As a condition of probation, Cusimano must enter sex offender treatment and be evaluated for possible mental health and substance abuse treatment. He must also divulge information about all previous victims to police, and may not have contact with minors or access to the internet.
Prosecutors had requested nearly 11 years in prison, however Judge Lindsay Partridge found compelling reasons for a lesser sentence. If Cusimano violates his probation, he would return before Partridge for a potential sanction including possible revocation of probation and prison time.
$75M awarded in latest PacifiCorp trial
Ten fire survivors have been awarded $75 million in the latest trial against PacifiCorp over the 2020 Labor Day fires, including a new record high for individual damages.
The trial concluded Sept. 16 in Multnomah County Circuit Court and was the ninth damages trial in James et al vs. PacifiCorp.
Awards included $5.48 million in economic damages, $50.15 million in noneconomic damages, $13.9 million in punitive damages and $5.48 million for a wildfire caused by recklessness.
Individual damages ranged from as low as $730,000 to a new record of $16.88 million for South Obenchain Fire survivor Michael Bateman.
Bateman lost his ranch near Eagle Point where five generations of his family had raised cattle. He testified about harrowing survival and deep personal loss, and jurors awarded a record $12.65 million in noneconomic damages, in addition to $4.23 million in other damages.
This brings total damages to $541 million for 100 plaintiffs. Nearly 2,000 additional plaintiffs are scheduled to have their claims heard during similar trials through March of 2028, with the next trial scheduled for Oct. 6 for nine plaintiffs.
PacifiCorp was found liable in 2023 for negligently causing the Santiam, Echo Mountain Complex, South Obenchain and 242 fires on Sept. 7, 2020. The company denies wrongdoing and has appealed this verdict.
The latest trial began Sept. 8, and during closing arguments Sept. 15 parties were at odds over noneconomic damages for emotional and psychological harm.
PacifiCorp attorney Alison Plessman told jurors damages had to be fair and reflect the evidence, and could not be used to punish PacifiCorp or exploit the company’s deep pockets. She suggested $4.75 million in total noneconomic damages, ranging from $250,000 to $750,000 individually.
Plaintiff attorney Nicholas Rosinia said PacifiCorp’s numbers did not reflect the evidence but rather what the company was willing to pay. He asked jurors to envision talking to a plaintiff before the fires and asking what sum of money it would take for them to willingly flee for their lives and lose their homes and belongings.
The jury deliberated throughout Sept. 16 and returned a verdict late that afternoon.
Court proceedings were made available through cvn.com.
