Demi Moore has fired back in a lawsuit filed against her over the July 2015 drowning of a man in her swimming pool, denying responsibility for the fatal incident.
In court papers filed Friday, Moore and Tree House Trust trustee Bessy Wong lay the blame for the drowning on the “negligence” of the plaintiffs.
“Any and all events and happenings in connection with the allegations contained in the First Amended Complaint were proximately caused and contributed to by the negligence and other legal fault of Plaintiffs and that if Plaintiffs recovers [sic] any sum whatsoever herein, such amount must be reduced in proportion to the extent that Plaintiffs’ own negligence and other legal fault proximately caused or contributed to Plaintiffs’ claimed injuries and damages,” the papers, filed in Los Angeles Superior Court, read.
“Answering Defendants are informed and believe, and based upon such information and belief, alleges [sic] that the negligence, or fault, if any, of answering Defendants was not a substantial factor in bringing about the injuries and damages allegedly sustained by the Plaintiffs,” the papers continue.
Moore is being sued by Jorge and Maria Valle, the Edenilson Steven Valle, who drowned on Moore’s property in 2015. The Valles alleges that there were “abundant dangerous conditions” at the property when the drowning took place, which were aggravated by the fact that alcohol was served.
The suit claims that Valle, who was 21 at the time of the drowning, announced that he couldn’t swim when he arrived at the party.
Despite that, the suit alleges, there was no evidence that Valle was told about the depth of the pool — estimated at nine to 10 feet in the lawsuit — and there “was no safety signage in view [in] police photos.”
The suit alleges that Valle wasn’t warned that he risked drowning if he couldn’t swim and entered the deep end of the pool. It also says he “increased the risk by serving liquor in the dangerous area which could inhibit reaction time by decedent in the event of an emergency.”
“Police photos of the backyard show very serious lighting issues, and numerous decorative rocks placed randomly for effect, creating abundant trip hazards,” the suit continues.
Moore was out of town when the drowning occurred at her residence, but issued a statement calling the drowning an “unthinkable tragedy.”
“I am in absolute shock. I was out of the country traveling to meet my daughters for a birthday celebration when I got the devastating news,” Moore said in a statement issued to TheWrap shortly after the tragedy. “The loss of a child is an unthinkable tragedy and my heart goes out to this young man’s family and friends. I ask that you please respect the privacy of all concerned during this sensitive time.”
Pamela Chelin contributed to this report.