Two claims dismissed in lawsuit filed by parents of Grant Seaver
December 3, 2018
Two causes of action have been dismissed in a lawsuit filed by the parents of Grant Seaver, one of two Park City teen friends who died of overdoses in 2016.
According to court documents, the defendants, who are the parents of teens allegedly involved in procuring and distributing the drugs that led to the boys' deaths, filed motions earlier this year to dismiss two of the four claims in the suit. A 3rd District Court judge agreed to dismiss the claims — negligent misrepresentation and strict liability based on abnormally dangerous activity — in a decision last week.
The other claims, negligence and negligent supervision, remain, according to court documents.
The parents of Grant Seaver, James and Deborah Seaver, filed the lawsuit in March. The defendants include the parents of Ryan Ainsworth, who died two days after Grant Seaver, as well as the parents of two other teens.
The lawsuit claims the defendants knew or should have known about their children's drug involvement. In the lawsuit, the Seavers allege that the defendants "were negligent and failed to exercise the necessary and requisite amount of reasonable care as to what a person in a like position would apply and use in similar circumstance."
The Seavers also claim in the lawsuit that the defendants did not accurately represent relevant facts about their children's involvement in drugs to other parents or law enforcement, which was the basis for the negligent misrepresentation claim. The claim was dismissed because the defendants "did not owe the plaintiffs a duty," according to the judge's decision. The memorandum decision states the defendants did not have a fiduciary or special relationship with the Seavers prior to the death of Grant Seaver.
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The Seavers are asking for a number of damages, including punitive or exemplary damages.
In September, Ryan Ainsworth's father, Robert Ainsworth, filed a countersuit against the Seavers, claiming that the Seavers were negligent after the death of their son and should have warned Ainsworth about his son's risk of overdose. He is seeking relief for medical and funeral expenses, loss of earnings, pain and suffering and loss of companionship and emotional support, among other things.
The Seavers also filed a lawsuit in Utah's U.S. District Court against companies they claim are liable for the death of their son.
The Seavers' attorney did not respond to a request for comment. Attorneys for the defendants either declined to comment or did not respond to Park Record requests.