KINGWOOD — A suit filed five years ago by the father of a Mountaineer ChalleNGe Academy cadet who died is being settled out of court.
Gatlin Jones, 17, left the academy July 18, 2012, and was found dead July 30 near the Cheat River. His father, George E. Jones, administrator for the estate, sued the West Virginia National Guard, which operates the academy at Camp Dawson, and Preston Memorial Hospital. A judge dismissed the claim against the hospital in 2015.
The case had been set for trial in July. But in February, Preston Circuit Judge Steve Shaffer also told the two sides to participate in a third round of mediation.
A letter placed in the court file last week by Donald O’Dell of O’Dell Law Mediation PLLC says that mediation took place March 20.
“I am pleased to report that, as a result of these follow up mediation negotiations, a final settlement of all claims has now been reached,” O’Dell wrote.
No details of the settlement are provided in the file. Attorney Charles “Rusty” Webb, who represents Jones, said Friday the family has no comment at this time but is just glad that the suit is over. A message left at the law firm representing the academy and Guard was not returned in time for this report.
In an earlier hearing, an attorney for the estate said Mountaineer ChalleNGe should have known Gatlin Jones was at risk if he left the grounds.
He was allergic to bee stings, had recently had an asthma attack, had been at PMH for high blood pressure and given Valium, and had a friend who recently committed suicide, making the young man himself a suicide risk, the attorney said.
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