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Moore v. N. Am. Sports, Inc., No. 09-13954

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By FindLaw Staff on October 18, 2010 5:27 PM

In Moore v. N. Am. Sports, Inc., No. 09-13954, an action claiming that plaintiff's decedent's death was the result of negligence in conducting a triathlon, the court affirmed judgment for defendants where any error in failing to remand the case following removal would be procedural error insufficient to warrant vacating the judgment and remanding for a new trial in state court.

As the court wrote:  "Bernard P. Rice drowned while competing in the 2006 Ford Ironman Florida Triathlon ("Triathlon") at Panama City Beach, Florida. Brian Moore, as representative of the estate of Rice, sued North America Sports, Inc., USA Triathlon, Inc., and World Triathlon, Inc., alleging that Rice's death was the result of negligence in conducting the Triathlon. The case was tried to a jury, and resulted in a verdict and judgment for North America Sports and USA Triathlon. The jury found no proof of negligence on the part of North America Sports and USA Triathlon in conducting the Triathlon. Upon entry of judgment on the verdict, this appeal followed."

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