Jonathan Brett denies claims in Mud Immortal lawsuit

The organizer of Mud Immortal says he's not responsible for any injuries sustained by one of the participants during the event.

Adventure race organizer wants court action dismissed

Mud Immortal organizer Jonathan Brett is pictured at Butter Pot Provincial Park on Sept. 21, 2013, the day of the adventure race. (CBC)

Jonathan Brett, the organizer of Mud Immortal, says he's not responsible for any injuries sustained by one of the participants during the event.

Lawyers for race participant Melissa Angel filed a lawsuit at Newfoundland and Labrador Supreme Court in November.

Angel’s statement of claim alleges negligence and breach of contract.

In court documents, Angel says she sustained "grievous bodily injuries" to her ankle and foot after falling from the monkey bars obstacle on the five-kilometre Mud Immortal adventure challenge course.

More than 5,000 racers participated in Mud Immortal, an adventure challenge held in Butter Pot Provincial Park on Sept. 21, 2013. (CBC)
Those allegations are still untested in court.

Brett and Mud Immortal Inc. filed a statement of defence on Feb. 11, denying Angel’s allegations.

The defendants deny any negligence or breach of contract.

The statement of defence notes that Angel signed a declaration of assumption of risk and waiver of liability for the Sept. 21 event.

By signing that waiver, the court filings note, Angel acknowledged that "participating in the event was a physically demanding, dangerous and hazardous activity and that she was familiar with the hazards and the potential for personal injury."

The defendants want proof of the extent of her injuries, and plan to call an official with MCP to be examined about Angel’s medical records next month.

The statement of defence argues that the lawsuit should be dismissed.

Brett's lawyer, Sandra Chaytor of Cox and Palmer, said the defence will not be commenting while the matter is before the courts.

The lawsuit also names the provincial Department of Environment and Conservation as a defendant, but the government has yet to file a statement of defence.

Event generated complaints

More than 5,000 people took part in last fall's Mud Immortal challenge, which sparked social media outrage over organizational and safety issues.

The controversial race generated up to hundreds of thousands in revenues, and led to a review of provincial government policy.

CBC News revealed in December that Brett, the organizer of Mud Immortal, was in personal bankruptcy the entire time he was promoting the event.