The West Virginia Supreme Court is being asked to decide whether a Northern Panhandle court should hear a lawsuit over a man’s death at a Tough Mudder event in the Eastern Panhandle.
At issue is a clause in a Tough Mudder agreement signed by 28-year-old Avishek Sengupta of Ellicott City, Maryland. According to court records, the clause required all legal actions to be brought in the appropriate state or federal court for the state in which the event is held.
Sengupta died in 2013 a day after he was pulled from a water pit during a Tough Mudder event in Berkeley County. His mother sued Tough Mudder and several others in Marshall County.
The defendants have asked the Supreme Court to prevent the case from being heard in Marshall County.
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