Estate of McNeil ex rel. Berkes v. FreestyleMX.com, Inc.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [Dkt. No. 70]

This diversity casé involves wrongful death claims brought by the estate, wife and parents of James (Jim) McNeil. Jim McNeil suffered serious injuries in a failed practice jump on November 6, 2011, in anticipation of a freestyle motocross exhibition at the Texas Motor Speedway. Defendants FreestyleMX.com (“Freestyl-eMX”) and its owner, Marc Burnett, organized and set up the event. Jim McNeil subsequently died from his injuries.

Plaintiffs Estate of James Ryan McNeil, Stephanie Berkes, John McNeil and Sha-rell McNeil filed a Second Amended Complaint (“SAC”) alleging (1) negligence and gross negligence (by all Plaintiffs); (2) loss of consortium (by Stephanie Berkes); and (3) wrongful death (by Stephanie Berkes, John McNeil and Sharell McNeil). Dkt. No. 46. They also allege Defendants acted recklessly and with malice in conscious disregard of Jim McNeil’s safety, entitling them to punitive damages.

The parties consented to magistrate judge jurisdiction. In January 2015, this court heard Defendants’ first summary judgment motion, where they argued that Jim McNeil freely and knowingly executed a Waiver and Release…