Mud Immortal injury claim lawsuit settled, no word on potential cost to taxpayers

A lawsuit over the controversial Mud Immortal race in September 2013 was quietly settled last year, after a race participant said she was injured during the adventure challenge.

Race participant sued organizer Jonathan Brett and N.L. government

A portion of the Mud Immortal website is pictured in this screen grab from the Internet. About 5,000 people participated in the September 2013 event. (CBC)

A lawsuit over the controversial Mud Immortal race in September 2013 has been quietly settled, with no word on whether taxpayers are on the hook for any potential payout.

Months after the event took place, race participant Melissa Angel sued Mud Immortal Inc., organizer Jonathan Brett and the provincial government for damages over injuries she says she suffered on the obstacle course.

That sparked a tangly series of court filings over who was at fault.

Years later, all parties agreed to discontinue the lawsuit, according to documents filed last April at Newfoundland and Labrador Supreme Court.

Angel's lawyer, Allison Whelan, confirmed to CBC News that the matter has been settled out of court, adding that her client is not willing to discuss the terms of settlement.

In a statement, the Department of Justice and Public Safety said it is "unable to confirm details of this matter at this time as it involves legal privileges of third parties."

Brett's lawyer, Sandra Chaytor, did not return an emailed message from CBC News Friday afternoon.

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

5,000 people participated in event

Roughly 5,000 people participated in the Mud Immortal adventure challenge on Sept. 21, 2013. The entry fee per person topped out at $86.50.

Social media exploded soon after the event, with complaints about organizational problems and safety issues.

Mud Immortal was held at Butter Pot Provincial Park.

In late 2013, a CBC News investigation revealed a lack of due diligence by the provincial government before officials agreed to the use of Butter Pot for the event.

The post-race issues identified by provincial officials included "a number of injuries and broken bones during the race," volunteers who didn't show, and companies and suppliers who also did not arrive at the site.

About the Author

Rob Antle

CBC News

Rob Antle is producer for CBC's investigative unit in Newfoundland and Labrador.