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UPDATE: Defense Wins Ironman Wrongful Death Case
07/10/09 - 05:51 PM
WMBB News Department
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click for larger image Bay County, Fla:

UPDATE: Just before 5:30 p.m. Friday the jury returned a verdict in favor of the defense in the case, North America Sports and USA Triathalon, the former owners of the Ironman Triathalon.

The eight person jury found the companies were not negligent in providing medical attention to Barney Rice during the November 2006 case in Panama City Beach.

After the verdict the plaintiff said, “We are very disappointed in the verdict…there was a lot of evidence that was kept from the jury however if this has raised awareness in panama city for the need of safer triathlons then part of our goals have been satisfied.”

The defense said they were pleased with the verdict.

“Obviously our heart goes out to the Rice family. It was obviously a tremendous, difficult loss but we’re here to deal with a negligence issue and the jury was clear that there was no negligence in this case,” said defense lawyer, Shane Dean, of Pensacola.


Closing arguments were heard Friday afternoon in the wrongful death case against Ironman triathlon organizers.

The family of Barney Rice filed a wrongful death case against North America Sports, which owned the Ironman Triathlon here on Panama City Beach until December 31, 2008, when it was purchased by World Triathlon Corporation.

Rice died after a heart attack during the 2.4 mile swimming portion of the triathlon back in November 2006.

Wednesday Rice’s widow, Michelle, gave details of her and her three children’s life without their husband and father. She also described the difficulty in taking her husband off life support after a three day coma. Rice’s sister, mother, and mother-in-law also testified through video.

Jurors also saw a video of Rice taken the days leading up to his death, including moments before he got in the water.

Tuesday morning attorneys for the plaintiffs argued that the triathlon failed to have adequate safety measures in place. They say lifeguards and ambulances were too far away, and contend the event may not have even had the required number of emergency personnel on-hand.

According to testimony, the swimmer behind him discovered his body and alerted a jet ski who pulled Rice in on a rescue sled.

The plaintiff’s say when Rice arrived on the beach; it took 5 to 10 minutes for EMS to arrive. A bystander took over with the rescue breathing on the beach.

The witness also says that there should’ve been a defibrillator on the shore, but EMS didn’t have access to a defibrillator until Rice got in the ambulance, that according to the plaintiff’s argument had to drive in from town.

One lifeguard was required for every 50 participants, since there were more than 2,000 participants there were supposed to be 44 lifeguards, 35 watercrafts, and 42 kayaks.

According to the deposition of the Swim Director of Ironman, he could not say if they met the requirement because he testified he did not have documentation.

The plaintiffs also argue there was no safety plan in place.

The suit began Monday before an 8 person jury. Judge Richard Smoak is presiding over the case.

 

User Comments

fredm93,Please take note a football field is 100 x 53x1/3yds

Have you measured the Ironman triathlon???

Get real cur!

Posted by .(JavaScript must be enabled to view this email address)  on  07/13  at  05:30 PM

If you elect to participate in a triathalon you know the risks involved. It is a big course and resources will be lacking in areas. If you have some years on you there is always the chance of heart attack in practice or competition. You are pushing yourself to your limit. He died doing what he liked doing evidently.
May he rest in peace.

Posted by .(JavaScript must be enabled to view this email address)  on  07/12  at  07:06 AM

i find it amazing that if you go to a high school football game there are paramedics and ambulances sitting right there. I guess maybe there is more money in football than in the triathalon. this is just another way in which the bay county good ole boys have lined their pockets, bought judges, and will eventually run off more bussiness from the area. thanks again to our elected officials for living up to their abilities.

Posted by .(JavaScript must be enabled to view this email address)  on  07/11  at  12:37 PM
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