Firing back against duck boat owners, Hawley argues to keep his fraud lawsuit alive

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BRANSON MO NEWS: CLOSE
Tia Coleman shares memories of her husband and children and talks about life since losing them to the duck boat tragedy in Branson, Mo.
Jenna Watson, jenna.watson@indystar.comBuy PhotoLife vests for adults aboard a duck boat in Branson, Missouri on Sunday, July 22, 2018. 17 people died when a duck boat sank on Table Rock Lake last Thursday.(Photo: Nathan Papes/News-Leader)Buy PhotoAttorney General Josh Hawley has filed a legal response defending his lawsuit against the owners of the duck boat that sank in July near Branson as both sides dug in Monday. In attempting to have the suit dismissed, Ripley Entertainment and Branson Duck Vehicles LLC mischaracterized Hawley’s consumer fraud lawsuit, the attorney general argued, “by selectively overlooking every single allegation of false, fraudulent, deceptive, and misleading conduct in the Petition.”Hawley filed his lawsuit in Taney County Circuit Court in late August, a little more than a month after an amphibious tourist vehicle capsized when a storm swept across Table Rock Lake. Several other lawsuits have been filed by victims or victims’ relatives; one filing noted that the Coast Guard has found reason to believe that the captain of the boat committed “misconduct, negligence or inattention to duties.”Hawley’s lawsuit is intended to stop the Branson duck boat company from operating duck boats in Missouri.The attorney general’s lawsuit claimed the duck boat company ignored critical recommendations issued nearly two decades prior by the National Transportation Safety Board; alleged that the company “targeted” vulnerable people like “infants, children, and the elderly” via advertising; and tried to hasten the July ride to avoid the thunderstorms and avoid having to refund ticket costs to customers on the duck boat that sank.Attorneys for the Branson duck boat company claimed that Hawley’s lawsuit was “littered with factual inaccuracies and innuendo” …



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