Bend Teen's Drowning: Jury Finds Multiple Parties Negligent in 2021 Wrongful Death Case

Bend, Oregon | April 26, 2024 — A Deschutes County jury has rendered a verdict in a complex wrongful death lawsuit stemming from the 2021 drowning of 17-year-old Anthony “AJ” Clough at Wickiup Reservoir, concluding that several individuals and entities—including the teen himself, his mother, and a retail giant—shared responsibility for the fatal crash. The lawsuit, which initially sought $34 million in damages, ultimately resulted in an award of under $20,000 to Clough’s estate.

The Events Leading to the Fatal Crash

On the night of June 28, 2021, AJ Clough, a student at Mountain View High School, was spending time with four teenage friends at Wickiup Reservoir. According to court documents and testimony, the group was “partying” and performing “donuts” in a pickup truck, which ultimately flipped and submerged in the reservoir. While the other teens escaped, AJ was trapped inside and drowned.

His mother, Lynelle Clough, later described the devastating moment she watched her son's body being recovered from the water, calling it the worst day of her life.

Legal Proceedings and Comparative Fault

Lynelle Clough and AJ’s estate filed a wrongful death and negligence lawsuit in December 2021, initially naming six defendants. These included:

• The teenage driver of the truck
• An underage buyer who used a fake ID to purchase alcohol
• Walmart, which sold the alcohol without verifying age
• North Unit Irrigation District
• U.S. Bureau of Reclamation
• U.S. Forest Service

Over time, all but the driver were dismissed as parties to the litigation. However, jurors were instructed they could still allocate fault to those previously dismissed.

After an eight-day trial, the jury returned its verdict on April 26, 2024, assigning the following percentages of negligence:

• 35%: Driver of the vehicle
• 30%: AJ Clough (deceased)
• 15%: Lynelle Clough (mother)
• 10%: Walmart
• 10%: Underage alcohol buyer

Because the combined negligence of the plaintiffs (AJ and his mother) was less than 50%, the estate was legally entitled to recover damages. The jury awarded $5,000 in economic damages and $50,000 in non-economic damages. However, applying the 35% fault attributed to the driver, the estate will receive approximately $19,250.

Broader Legal Insights

The case illustrates Oregon’s use of a “comparative fault” legal doctrine, where a plaintiff’s damages are reduced in proportion to their own share of responsibility. In this situation, the jury concluded that while other parties shouldered some liability, AJ and his mother also bore significant responsibility for the circumstances leading to his death.

This type of legal analysis is often central in wrongful death claims, especially when the deceased may have contributed to the events that caused their demise. Additionally, the inclusion of Walmart and the underage alcohol purchaser raises potential issues involving Oregon drunk driver accident injury cases and dram shop liability, where establishments may be held liable for serving or selling alcohol to minors or visibly intoxicated individuals.

While Walmart was dismissed from the case, the jury's allocation of fault indicates they found some merit in the claim that the retailer failed in its legal obligations. Similarly, the underage buyer’s role in securing alcohol was also deemed a contributing factor.

Seat Belt Findings and Potential Appeals

Jurors also found that AJ Clough had not been wearing a seat belt at the time of the crash. However, they concluded that this did not contribute to the damages awarded.

Lynelle Clough’s attorney, Emmanuel Miller, expressed disappointment with the jury’s decision and is considering post-trial motions to challenge certain legal issues not presented to the jury. Meanwhile, the defense attorney, Bruno Jagelski, praised the jury for their thoughtful deliberation, stating, “There are no winners when tragedies such as this occur, but the result was well-reasoned and fair.”

Legal Takeaway

This case underscores the importance of understanding Oregon’s comparative fault laws and the challenges of seeking compensation in wrongful death lawsuits involving multiple potentially negligent parties. Families navigating these difficult legal landscapes often benefit from experienced legal guidance.

If you or someone you love has been involved in a fatal accident or suffered a serious injury due to another’s negligence—including incidents involving underage drinking, motor vehicle crashes, or unsafe premises—you may have legal options. The team at Pacific Injury Law Firm offers free consultations to help you understand your rights and potential claims. You can also reach us at 971-277-3811.

Sources:

• Barney Lerten, KTVZ (opens in a new tab)