A judge dismissed a lawsuit against Tim Ballard — the founder of the anti-trafficking group Operation Underground Railroad — brought by a woman who alleged that negligence by Ballard and OUR led to her eye socket being shattered during a training session at OUR’s gym in Draper.
Bree Righter’s suit had claimed that two OUR trainees were wrestling during a training and one fell on her, his knee coming down on her face and shattering her eye socket, leaving her with lingering headaches and vision problems.
But in a ruling on Thursday, Judge Kristine Johnson said Righter’s claims were barred by a liability waiver she had signed. Righter, a former Marine, had also accused Ballard and OUR of conspiring to enable sexual misconduct on the part of Ballard and another OUR employee, but the judge said Righter’s attorneys had failed to allege specific misconduct that would have arisen to a criminal act and they had not alleged specific acts that would have proven a conspiracy was in place.
“The Complaint as to OUR and Ballard is dismissed with prejudice because Righter’s claims are precluded by the release contained in … the agreement,” Johnson wrote. “Alternatively, Righter’s claims against OUR and Ballard for conspiracy, negligence and premises liability are dismissed without prejudice, as is Righter’s claim against Ballard for fraud.”
In a statement, Ballard said he was grateful that the court recognized that Righter’s lawsuit was “based on vague allegations with no supporting facts.”
“For the second time in a row, a judge evaluating allegations against me and my wife dismissed them as wholly unsupported by any facts or evidence, which speaks volumes about the allegations we have had to face for nearly a year,” he said.
In May, a judge dismissed claims that Ballard’s wife, Katherine, had conspired to help her husband cover up an alleged sexual assault he is accused of committing against his former assistant. The judge ruled that Katherine Ballard’s statements defending her husband were protected speech.
“The claims against us and our work [at OUR] generated a lot of media attention without any real scrutiny and had a devastating impact on anti-trafficking operations,” Ballard said, “but they are finally being seen for what they are – unfounded.”
Suzette Rasmussen, one of the attorneys representing Righter and other women suing Ballard for sexual misconduct and assault, said that, “While it is very disappointing to our client, we are reviewing all options, including asking the judge to reconsider her ruling and an appeal to the Utah Supreme Court.”
Jennifer Terry, an attorney representing OUR — which is now called OUR Rescue — said the organization has said all along that there had been no wrongdoing on its part.
“We are pleased that the court upheld the law in this case and thwarted Ms. Righter’s attempt to promote a false narrative about OUR Rescue,” Terry said.
Meantime, this week the court granted two sexual violence protective orders to Kira Lynch and Celeste Borys, two of the women who are accusing Ballard in separate lawsuits of sexual assault and rape, court records show.
The orders, which are sealed, typically prevent a party from communicating with an alleged victim, threatening violence, being near the victim’s home or work, and can prevent the accused from having guns or weapons. The temporary orders will remain in place until a court hearing on July 8.
Follow @RobertGehrke