$4M Hagg Lake drowning lawsuit dismissed

4 family members drowned at Hagg Lake in 2014

Crews search Henry Hagg Lake for other potential victims after pulling a child from the water. The child has since died, August 25, 2014. (KOIN 6)

PORTLAND, Ore. (AP) – A judge has dismissed a $4 million lawsuit filed by a relative of four people who drowned in a northwest Oregon lake in 2014.

Deputies with the Washington County Sheriff’s Office recovered this photo from the cell phone of one of the people who drowned at Henry Hagg Lake in Gaston in Aug. 2014. (Court documents/Washington County Court)

The Oregonian/OregonLive reports Judge Andrew Erwin dismissed the suit after Washington County argued it was entitled to immunity.

The county argued immunity under a state law that says a public land owner isn’t liable for deaths or injuries that occur during recreational use of land.

Fishermen found the body of 3-year-old Jeremy Scholl after the Aug. 25 drownings. The bodies of his mother, Gabriela Garcia-Ixtacua; her brother, Michael Garcia-Ixtacua; and their mother, Jova Ixtacua-Castano, were found nearby.

The lawsuit contended the children stepped into or floated above a deep trench near the wading area, then disappeared into the water. The women tried to rescue them, but were caught in the drop-off.

An attorney for the family said they plan to appeal.

From left to right, Michael Garcia Ixtacua, Jeremy Scholl and Jova Ixtacua-Castano are three of the Henry Hagg Lake drowning victims, August 26, 2014. (Hillsboro School District/Facebook)
From left to right, Michael Garcia Ixtacua, Jeremy Scholl and Jova Ixtacua-Castano are three of the Henry Hagg Lake drowning victims, August 26, 2014. (Hillsboro School District/Facebook)