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Rathbone Logging named in lawsuit
The father of a 14 year-old boy who drowned in May of last year in a Cocke County dredging quarry, has filed a lawsuit seeking damages. The action filed in Cocke County Circuit Court by James Sisk, Jr., demands damages of $750,000 from Thomas A. Rathbone Logging, Clyde, North Carolina. Sisk alleges that his son and a friend walked into accumulated water at a quarry close to their home off Better Road, the afternoon of May 28. The action says the boys were walking in knee deep water, "but could not ascertain the depth of the water by looking at the water. Both children went under when they reached a steep drop off." Although his friend was able to reach the surface, the body of Tyler Sisk was later recovered in 8 to 15 feet of water. Attorney Thomas Jessee, who filed the litigation, alleges that Rathbone was mining for rock and sand on his property "without a proper license." In addition, the action alleges that the mining operation failed to comply with both state and federal mining safety regulations. The lawsuit says there was no fencing or warning signs indicating the presence of the drop-off or the depth of the water, which allegedly ranged up to 25 feet in depth. Jessee says the quarry was an "unusual or hidden danger." Saying the quarry was "an attractive nuisance", the action argues that the children, by reason of their youth and inexperience, were incapable of understanding that the quarry presented an unreasonably dangerous condition. According to the litigation, Rathbone had earlier permitted the children to come onto the property to play and fish. Efforts to contact the logging firm for comment were unsuccessful.
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