Whitewater Death

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA
ERMA HINSON, Individually and as

surviving spouse of EUGENE HINSON, Deceased
and NICOLE SMITH,
Residents of the State of Alabama,
Plaintiffs,
v. Civil Docket No.:_1:23-cv-00139_

Jury Demand
HIGH COUNTRY ADVENTURES, a/ka

HIGH COUNTRY ADVENTURES, INC.,
GERALD MARSHAL and JAMES D. SLOAN,
Residents of the State of Tennessee and/or
The State of Georgia,
Defendants.
______________________________________________________________________
COMPLAINT
INTRODUCTION
This is Complaint for personal injuries and the wrongful death of Eugene Hinson by the
Plaintiff, Erma Hinson, as surviving spouse of Eugene Hinson, deceased, who suffered horrific
personal injuries and an untimely, painful and wrongful death. Erma Hinson, as surviving spouse
and in her individual capacity along with Nicole Smith, file this Complaint against the Defendants
High Country Adventures, Country Adventures, Inc., Gerald Marshal and James Sloan. Plaintiff
Erma Hinson Erma Hinson individually sustained personal injuries and brings this action pursuant
to the laws of the State of Tennessee and, specifically, Tennessee Code Annotated § 20-5-102 and
20-5-106. Plaintiffs Erma Hinson and Nicole Smith seek reasonable compensation for the personal
injuries which they suffered. Plaintiffs’ claims arise as a direct and proximate of the egregious
Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 1 of 8 PageID #: 1

knowing, willful, and with reckless disregard for the safety of others by the Defendants
individually or acting in concert with each other.
PARTIES
1. The Plaintiff, Erma Hinson, is the surviving spouse of Eugene Hinson, deceased
and is a resident of 713B Shell Grove Avenue, Boaz, Alabama 35959. The Plaintiffs Erma Hinson
and Eugene Hinson were residents at the time of the accident, and Erma Hinson is still a resident
of Boaz, Alabama.
2. The Plaintiff, Nicole Smith, is a resident of 313 South 8th Street, Gadson, Alabama,
35903. The Plaintiff is, at the time of the accident, and still is, a resident of Boaz, Alabama.
3. The Plaintiffs will be hereinafter referred to by name or collectively as “Plaintiffs.”
4. The Defendant High Country Adventures a/k/a High Country Adventures, Inc.
(hereinafter referred to as “High Country”), was, before 2006, a corporation organized and
authorized to do business in the State of Tennessee. Subsequently, High County Adventures Inc.
was dissolved, and a certificate of dissolution in the State of Tennessee was filed with the Office
of the Secretary of State.
5. The Defendant High Country Adventures, Inc., as a corporation, was formed in the
State of Georgia. This corporation has been dissolved and it is believed to be a proprietorship
owned and operated by the Defendants, Gerald Marshall, and James D. Sloan. These individual
Defendants are residents of the State of Tennessee or of the State of Georgia.
6. The Defendant, Gerald Marshal, is believed to be a resident of the State of
Tennessee or the State of Georgia and is a principal owner, operator and instructor for employees
of High Country Adventures a/k/a High Country

7. The Defendant, James D. Sloan, is believed to be a resident of the State of
Tennessee or the State of Georgia and is a principal owner, operator and instructor for employees
of High Country Adventures a/k/a High Country.
8. These Defendants submitted a notice to the Secretary of State of Tennessee an
application to do business and maintained an authorization to do business in the State of Tennessee
as a Georgia corporation. The Defendants did not apprise the State of Tennessee that the Georgia
corporation had been dissolved. Thus, each of the individual Defendants have responsibilities as
the owners and operators of High Country. The named individuals are sued for the purpose of
enforcing any liability and their control of the operation of “High Country.”
9. The real property which is owned by "High Country Adventures, Inc." was
conveyed to High County Adventures, Inc. in Deed Book 216, pp. 350-352 by James D. Sloan and
wife, Crystal L. Sloan and Gerald A. Marshall and his wife, Karen Marshall.
10. The Defendants will be referred to hereinafter individually or collectively as
“Defendants.”
JURISDICTION AND VENUE
11. The occurrence described herein occurred in Polk County, Tennessee. Thus, venue
is proper in this Court. Complete diversity of citizenship exists between the Plaintiffs and the
Defendants and, thus, jurisdiction is proper in this Court pursuant to 28 USC 13.32 (a)(1).
12. Rule 18A of the Federal Rules of Civil Procedure allows permissive joinder of
separate claims or causes of action.
FACTS
13. On June 18, 2022, Eugene Hinson, his wife, Erma Hinson, and their friend Nicole
Smith traveled to Polk County, Tennessee, to begin a rafting expedition with the Defendants High

Country. The Defendants High Country is an outfitter in Polk County, Tennessee and in the
business of providing rafts, guides, equipment, and compliance with the standards of care
applicable to the operation of a rafting business. The Defendants solicited people to use High
Country by asserting that safety was their number one priority. Defendants High Country assert
that they will strictly enforce the reasonable standards of care in the operation of the rafting
business. High Country did not exercise due care on June 18, 2022 and contrary to the assertions
of the Defendants, failed to provide due care and meet the standards of safety for the Plaintiffs.
The Defendants completely disregarded their known duties to the Plaintiffs.
14. The Defendants well knew that the maximum weight of 265 pounds per guest and
that the guest must be in good physical condition. The maximum weight should have been strictly
enforced. The Defendants also knew that the participants had to be in good physical health.
Consistent with the facts known by the Defendants, the maximum suggested weight limit rating
for the utilization for traveling in a raft is generally in the 245-pound to 265-pound range.
15. The deceased, Eugene Hinson, weighed 281 pounds as weighed at the autopsy.
Nicole Smith weighed 383 pounds at the last time she knew her weight and believes that she was
a little heavier at the time of the tragic event which occurred. Erma Hinson's weight was substantial
as well. These weights and the physical conditions of the Plaintiffs were readily observable to
anyone who saw them, and each of the Defendants or their employees observed the Plaintiffs. The
Plaintiffs’ weight alone exceeded High Country's maximum by at least 115 pounds.
16. The Defendants are required to provide appropriate life jackets. In this instance,
the Defendants failed to provide a personal flotation device or life jacket for a person of the size
of Eugene Hinson.

17. The Plaintiffs do not have a copy of a signed waiver and release agreement. The
proposed waiver is not enforceable to prevent the Plaintiffs from pursuing this claim because of
the gross negligence, and the reckless and wanton disregard for human life and injury. The
proposed waiver is a violation of the public policy of the State of Tennessee. An attempt to ignore
foreseeable and unreasonable risk of harm is a violation of the social policy and law of the State
of Tennessee. Defendants are the authors of the proposed waiver and the same is not only a
violation of the policy of the State of Tennessee and other States but should be construed against
the Defendants. If there is no signed agreement, the proposed agreement is inadmissible. The
agreement was not sufficiently or reasonably described and no adequate time for reflection was
given to allow the Plaintiffs to enter into an enforceable agreement.
18. Various types of rafts are available for use by the Defendants. In view of the facts
of this case, the raft provided was unsafe.
19. The Defendants knew well that the put-in for the raft was in an area which the raft
immediately confronts “Grumpy's.” Grumpy’s Ledge, to Plaintiff’s belief is a “Class 4” rapid.
Defendants assert in various advertisements, internet publications and other means to bring
Plaintiffs and others similarly situated to their business as follows:
"Let our guides help you experience the thrill of rafting the Middle River from the
put in at Grumpy's to the final wave at Hell Hole. No matter your skill level or
experience may be, your professional High Country Adventures' guide will deliver
you through the wild and woolly rapids of Devil's Suck, Table Saw, and Broken
Nose – in one piece!"
13. The actions and conduct of the Defendants, individually and by and through their
employees, agents and servants, failed to enforce minimum safety standards. The Defendants
knew that the circumstances would result in the predictable drowning death of Eugene Hinson.
The autopsy shows that the Eugene Hinson died from drowning.

14. Mr. Hinson was caused to suffer great fear and ultimate death as a result of the
gross and wanton disregard of the Defendants for Hinson’s safety. The Defendants’ acts and
omissions were completely contrary to Defendants’ assertion that safety was their number one
priority. Plaintiffs were guests and customers of the guide service known as High Country. The
"raft" a/k/a vessel was traveling in rapids where the water conditions were rough and very strong.
Though the exact classification of the rapids at the moment of the incident may be debatable since
the capsize occurred during the afternoon surge, the put-in rapid where Hinson was caused to be
killed for the raft is considered by the raft-water paddling community and various organizations to
be Class 4 at high water levels. The difficulty levels of the Ocoee are identified as various classes.
Class 3 is identified as difficult with fast flowing water which is less predictable than Class 2, and
various obstacles along the way will hold objects and/or push them around or through drops. Class
4 is a very difficult river with fast flow and unpredictable water movements. The best
identification of this occurrence is that the raft had dropped off the ledge of Grumpy's resulting in
the death of Eugene Hinson and injuries of the remaining Plaintiffs.
15. This horrible event did not result from any simple negligence or inherent risk of
rafting. Simply put, the Defendants set up a potential death trap for Eugene Hinson, Erma Hinson,
and Nicole Smith. The Defendants fully knew or should have known that they should not have
allowed the Plaintiffs to be placed in the predictable event which would result in substantial injury
and drowning.
16. The Defendants know that the harm caused to the Plaintiffs was the direct and
proximate result of the aforesaid gross negligence, reckless conduct of the Defendants, and
disregard for the safety of the Plaintiffs and Eugene Hinson. Eugene Hinson drowned helplessly
in the powerful waters at the ledge known as Grumpy's. The Defendants are liable for the

conscious fear and suffering of Eugene Hinson and his loss of the intent of the prospect of
enjoyment for his expected life. Eugene Hinson was a good husband, and his wife loved him
dearly. They were spouses, lovers, and friends. By reason of the death of Eugene Hinson, his wife
has been deprived of his support, comfort, society, advice, daily acts of love and affection,
confidants, and services, all of which were substantial and of great value. Erma Hinson is entitled
to recover the pecuniary economic value and the noneconomic value of the life of her husband,
Eugene Hinson, and his last death expenses. The Plaintiff Erma Hinson is entitled to recover all
such losses available under Tennessee Law.
17. The Plaintiff Erma Hinson has suffered severe emotional and mental anguish, the
loss of the services, companionship, society, and consideration which her husband gave her in his
lifetime. This is a permanent loss which she is also entitled to recover for emotional damage,
physical and economic injury, and loss.
18. The Plaintiff Nicole Smith has also suffered physical, psychological, and emotional
injuries.
19. The grossly negligent, willful, and knowing, willing, and reckless disregard for the
safety of others that supports an award of punitive damage which is necessary to punish the
Defendants and deter similarly situated third parties from committing the same or similar
misconduct which endangers the general safety of the public. Defendants’ conduct is so
outrageous that it allows punitive damages to be awarded for more than two times the
compensatory damage awards.
WHEREFORE, Erma Hinson respectfully requests an award of damages against the
Defendants, individually and jointly, in an amount which an enlightened jury, after hearing the
evidence and the law, finds to be just and fair to compensate her for the bodily injuries, pain,

suffering, and wrongful death of Eugene Hinson in an amount not to exceed Two Million Five
Hundred Thousand Dollars ($2,500,000.00).
WHEREFORE, Plaintiff Erma Hinson, individually, seeks such judgment as the jury
finds appropriate for her losses and not less than One Million Five Hundred Thousand Dollars
($1,500,000.00).
WHEREFORE, Plaintiff Nicole Smith, requests compensation for her monetary,
physical, and psychological losses and damages in an amount not less than One Hundred Thousand
Dollars ($100,000.00).
WHEREFORE, Plaintiffs seek an award of punitive damages in excess of the limitation
of two times the compensatory damages as provided by statute.
WHEREFORE, Plaintiffs request that the Court award such discretionary costs, the cost
of litigation, and such other further and general relief which the Court deems just and proper.
Plaintiffs further request that all issues in this case be tried before a duly qualified and empaneled
jury of the Southern Division of the Eastern District of Tennessee.
Respectfully submitted,
ERMA HINSON, AS SURVIVING
SPOUSE OF EUGENE HINSON, AND
INDIVIDUALLY, PLAINTIFF by Attorney
NICOLE SMITH, PLAINTIFF by Attorney
LOGAN-THOMPSON, P.C.
BY:_______________________________
JAMES F. LOGAN, JR. (BPR#000758)
ROBERT S. THOMPSON (BPR#012832)
Attorneys for Plaintiffs
30 Second Street NW
P.O. Box 191
Cleveland, TN 37364-0191
423-476-2251/423-476-2252 (Fax)
jlogan@loganthompsonlaw.com
rthompson@loganthompsonlaw.com

JS 44 (Rev. 10/20) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
EUGENE HINSON, Deceased, ERMA HINSON, & HIGH COUNTRY ADVENTURES,
NICOLE SMITH GERALD MARSHAL & JAMES D. SLOAN
(b) County of Residence of First Listed Plaintiff Etowah County of Residence of First Listed Defendant Polk
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Logan-Thompson, P.C.
30 Second Street NW, Cleveland, TN 37311 Unknown
423-476-2251
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 ✖ 4
of Business In This State
2 U.S. Government ✖ 4 Diversity Citizen of Another State ✖ 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane ✖ 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
TITLE 18 SECTION 13.32(a)(1)
VI. CAUSE OF ACTION Brief description of cause:
WRONGFUL DEATH
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
06162023 /s/ James F. Logan Jr.
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE

Case 1:23-cv-00139-CLC-CHS Document 1-1 Filed 06/16/23 Page 1 ofMAG.
2 JUDGE
PageID #: 9
JS 44 Reverse (Rev. 10/20)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:23-cv-00139-CLC-CHS Document 1-1 Filed 06/16/23 Page 2 of 2 PageID #: 10

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
EASTERN
__________DISTRICT
District of OF TENNESS
__________
ERMA HINSON, surviving spouse of )

EUGENE HINSON, Deceased )
Address is Erma Hinson, 713B Shell )
Grove Ave., Boaz, Alabama 35957, )
Plaintiff(s) )
)
v. Civil Action No.
)
HIGH COUNTRY ADVENTURERS, a business )
being operated under the name of HIGH )
COUNTRY ADVENTURERS, INC., )
GERALD MARSHAL, believed to be a resident. )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) HIGH COUNTRY ADVENTURES

430 US-64
Ocoee, TN 37361
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: JAMES F. LOGAN, JR
30 SECOND STREET NW
CLEVELAND, TN 37311
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:


for the
EASTERN
__________DISTRICT
__________

Plaintiff(s) )
)
v. Civil Action No.
)
Defendant(s) )
To: (Defendant’s name and address) GERALD A. MARSHALL

430 HIGHWAY 64
OCOEE, TN 37361-3624
30 SECOND STREET NW
CLEVELAND, TN 37311
CLERK OF COURT
Date:

Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
u Other (specify):
.
Date:
Server’s address


for the
EASTERN
__________DISTRICT
__________

Plaintiff(s) )
)
v. Civil Action No.
)
Defendant(s) )
To: (Defendant’s name and address) JAMES D. SLOAN

430 HIGHWAY 64
OCOEE, TN 37361-3624
30 SECOND STREET NW
CLEVELAND, TN 37311
CLERK OF COURT
Date:

Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
u Other (specify):
.
Date:
Server’s address

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA

ERMA HINSON, Individually and as

v. Civil Docket No.:_1:23-cv-00139_

HIGH COUNTRY ADVENTURES, a/ka

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 1 of 8 PageID #: 1

individually or acting in concert with each other.

3. The Plaintiffs will be hereinafter referred to by name or collectively as “Plaintiffs.”

of the Secretary of State.

Defendants are residents of the State of Tennessee or of the State of Georgia.

6. The Defendant, Gerald Marshal, is believed to be a resident of the State of

of High Country Adventures a/k/a High Country

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 2 of 8 PageID #: 2

of High Country Adventures a/k/a High Country.

8. These Defendants submitted a notice to the Secretary of State of Tennessee an

application to do business and maintained an authorization to do business in the State of Tennessee

10. The Defendants will be referred to hereinafter individually or collectively as

JURISDICTION AND VENUE

separate claims or causes of action.

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 3 of 8 PageID #: 3

The Defendants completely disregarded their known duties to the Plaintiffs.

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 4 of 8 PageID #: 4

given to allow the Plaintiffs to enter into an enforceable agreement.

of this case, the raft provided was unsafe.

immediately confronts “Grumpy's.” Grumpy’s Ledge, to Plaintiff’s belief is a “Class 4” rapid.

Plaintiffs and others similarly situated to their business as follows:

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 5 of 8 PageID #: 5

the death of Eugene Hinson and injuries of the remaining Plaintiffs.

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 6 of 8 PageID #: 6

such losses available under Tennessee Law.

physical and economic injury, and loss.

compensatory damage awards.

WHEREFORE, Erma Hinson respectfully requests an award of damages against the

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 7 of 8 PageID #: 7

Hundred Thousand Dollars ($2,500,000.00).

WHEREFORE, Plaintiff Nicole Smith, requests compensation for her monetary,

WHEREFORE, Plaintiffs seek an award of punitive damages in excess of the limitation

of two times the compensatory damages as provided by statute.

jury of the Southern Division of the Eastern District of Tennessee.

Case 1:23-cv-00139-CLC-CHS Document 1 Filed 06/16/23 Page 8 of 8 PageID #: 8

Citizen or Subject of a 3 3 Foreign Nation 6 6

RECEIPT # AMOUNT APPLYING IFP JUDGE

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

V. Origin. Place an "X" in one of the seven boxes.

Case 1:23-cv-00139-CLC-CHS Document 1-1 Filed 06/16/23 Page 2 of 2 PageID #: 10

UNITED STATES DISTRICT COURT

ERMA HINSON, surviving spouse of )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) HIGH COUNTRY ADVENTURES

A lawsuit has been filed against you.

Case 1:23-cv-00139-CLC-CHS Document 1-2 Filed 06/16/23 Page 1 of 2 PageID #: 11

Civil Action No.

This summons for (name of individual and title, if any)

u I personally served the summons on the individual at (place)

u I served the summons on (name of individual) , who is

u I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc: