An insurance company aiming to avoid defending a firm responsible for inspecting an amusement park ride that tragically caused the death of a 14-year-old boy failed to demonstrate proper notice to the defendants, leading to the dismissal of its case. U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida issued the decision on Tuesday.
The case filed by Mesa Underwriters Specialty Insurance Co. alleged negligence on the part of ADP & Associates Professional Inspections Inc. and its president, Gregory Hurd, for their purportedly negligent inspection and certification of the FreeFall ride at Icon Park in Orlando. The ride was involved in wrongful-death litigation following the tragic death of Tyre Sampson in March 2022. The insurer argued it had no duty to defend ADP and Hurd due to alleged faults in their inspection.
Judge Mizelle dismissed the case without prejudice, citing Mesa’s failure to meet the 90-day deadline for serving papers after filing the complaint, despite an extension.
Mesa contended that the liability of ADP and Hurd in the underlying lawsuit was related to their alleged negligent professional services, specifically in engineering or inspection. The insurer argued that an exclusion precluded its duty to defend and indemnify ADP and Hurd.
However, court records indicated that Mesa’s failure to prove proper service had hindered the case since at least November, with Judge Mizelle noting the lack of evidence of service within the specified timeframe.
As of now, representatives for Mesa, ADP, and Hurd have not provided immediate comments. Mesa Underwriters is legally represented by Gary Guzzi of Akerman LLP. Counsel information for ADP and Hurd was not immediately available.
The case is Mesa Underwriters Specialty Insurance Co. v. Hurd et al., case number 8:23-cv-01832, in the U.S. District Court for the Middle District of Florida.
