The mother of a 14-year-old Oklahoma boy who drowned while swimming in the ocean in Seaside in 2016 plans to drop a lawsuit claiming her son and his cousin were not warned about dangerous conditions.
L. Nicole Moore had sought $691,200. The move comes days before a scheduled phone conference between the city and the family.
“I intend to dismiss my suit against the city,” Moore said in an email to the Signal. “I filed this suit hoping to change the policies of the city of Seaside. However, for my own well-being, I am not continuing this effort. The suit was my way of fulfilling an obligation I felt to Conner. The last act I could do for him, defend his character and try to ensure this does not happen to anyone else.”
The teenagers were visiting the North Coast for a family reunion in July 2016.
Conner Moore and his cousin were in the ocean at the foot of Broadway when lifeguards saw the teenagers struggling. After a rescue attempt, Conner Moore was pronounced dead at Providence Seaside Hospital. His cousin survived.
The lawsuit, filed in July 2018, alleged the teens were swimming in waters next to an area that is “particularly dangerous and this extremely hazardous condition was not obvious to an ordinary person.”
The city asked the Circuit Court to dismiss the lawsuit, arguing that Conner Moore should have exercised care in avoiding harm from an “activity that creates a hazardous condition.”
The case, which had entered the discovery phase, had been tentatively scheduled for trial in 2020.
“The environmental conditions causing my son’s death may never happen again,” Moore said. “But if they do, I hope you will ensure the public is properly warned so that no other family suffers a similar tragedy.”
Attorney Rick Freud, representing Seaside, and City Manager Mark Winstanley declined to comment.