FOX19 Investigates: Cincinnati couple vs. Perfect North - Cincinnati News, FOX19-WXIX TV

Judge refuses to dismiss charges against Perfect North after tubing accident

LAWRENCEBURG, IN (FOX19) -

A federal judge has made a ruling in a lawsuit between a Cincinnati couple and Perfect North Slopes. 

Three years ago, a Cincinnati father took his three children to Perfect North for a snow tubing event. The kids linked together to slide down the hill, and inadvertently veered into another lane.

The children were struck by another group, leaving a 10-year-old girl with brain damage.

Those are the facts in a lawsuit the parents filed against Perfect North and the other group of tubers.

Perfect North says that they should not be held responsible. Perfect North believes that they were not negligent and state that the parents signed a release of liability.

Now, a Federal Judge has made a ruling in the case. She dismissed the other snow tubers, stating that the could not be held culpable for what happened.

However, the judge refused to dismiss charges against Perfect North.

"This particular case is one of those situations that your heart goes out to this young girl. It's one of those situations that happens. They were together and people bumped heads," says Chip Perfect. "That's one of the challenges we face, the excitement of this activity is taking risks. There's always that challenge between trying to keep it exciting and have that element of risk which people are coming here for."

FOX19 talked to the parents' attorney on Wednesday. However, they said they did not want to talk in the middle of litigation.

The case now moves forward with a trial likely not before late this year. 

Copyright 2014 WXIX. All rights reserved.

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