Seward, LeMaitre settle in case of missing Mount Marathon runner for $20,000

Oct. 15--The widow of dead Seward Mount Marathon runner Michael LeMaitre and the Seward Chamber of Commerce have settled a lawsuit over his 2012 disappearance for $20,000.

LeMaitre's wife, Peggy, had asked for $5 million when she went to court in July of last year, claiming the negligence of race officials played a role in Michael getting lost on the mountain. He was last seen about 200 feet below Turnaround Point on July 4, 2012.

Despite exhaustive searches, his body has never been found. He was officially declared dead in August 2012 after a presumptive death hearing. The LeMaitre family was left angry about what some family members believed to be inadequate safety standards for the 49th state's oldest, continuously running event.

Volunteers manning the halfway turnaround in 2012 left their positions before Michael -- the last runner in the race -- reached that point. It is widely believed he eventually reached the turnaround rock, which is well short of the summit of Mount Marathon. Where he went after that remains anyone's guess.

In a two-page press release Wednesday, the Seward Chamber hailed the settlement as freeing it from any responsibility for Michael's disappearance.

"The Chamber, as Mount Marathon Race organizer, is not at fault," the statement said. The statement thanked chamber lawyer Laura Eakes for negotiating the settlement and added that everyone agrees "Lemaitre's disappearance is indeed a tragedy.

"Today is a bittersweet day for the Seward Chamber with the release of the settlement news. Everyone involved, in so many ways, is happy to see closure."

The press release went on to heap blame on Michael LeMaitre.

"Race volunteers spoke with Mr. LeMaitre as he was approaching the turnaround point and let him know the race was over," the statement said. "Numerous witnesses, including one medical doctor, would have testified at trial that Mr. LeMaitre requested no assistance, appeared to be in no distress, and wished to continue to the top of the mountain."

Michael, the statement said, was warned of the dangers of Mount Marathon before the race, and suggests he should not have been on the mountain.

Peggy, it said, "denied her husband had eyesight limitations or was ill prepared for the race. (But) at trial, the jury would have considered medical records which reflect Mr. LeMaitre had lost considerable vision in both eyes due to advanced glaucoma and experienced 'total obliteration of his lower field of vision.' In the years leading up to his disappearance, Mr. LeMaitre's limitation was so significant that in 2009 he filed a complaint with the Equal Employment Opportunity Commission against his employer at JBER (Joint Base Elmendorf Richardson) claiming he was being discriminated against due to his 'disability.' "

At a subsequent deposition, the statement said, Michael told EEOC investigators that "what I see as far as peripheral vision is I see everybody from the top of their head to the tip of their nose....It was over a month before I realized (my supervisor) had a goatee."

Such a disability would have made it hard for Michael to see the turnaround rock that marks the midpoint for the Mount Marathon race. He was not familiar with that point either, because he'd never before been up and down the trail.

The Chamber press release made a point of that, noting all 2012 racers were told that "if you haven't been up the mountain, you have no business participating in this event."

Despite this warning, it notes, Michael signed a waiver against liability in order to participate in the race and overruled the wishes of family members who counseled him not to do the race.

Peggy's suit against the chamber first ran into difficulty earlier this month when a state Superior Court judge ruled that the circumstances of the case did not allow her to make a claim for negligent infliction of emotional distress. The same judge was considering a request from the chamber to dismiss the entire case when negotiations between the parties began.

"Mrs. LeMaitre decreased her demand from $5 million to $45,000," the Chamber statement said. "The chamber's insurance company countered with an offer to resolve the matter for $20,000, which was reflective of the costs of a lengthy trial and post trial proceedings. The counter offer was accepted by Mrs. LeMaitre and her counsel.

"The decision to resolve this matter was a business decision made by the chamber's insurance company and is in no way an admission of liability by the chamber. The evidence supports the conclusion that the chamber was not negligent and did not cause or contribute to Mr. LeMaitre's disappearance or presumed death in any way," the statement said.

Neither Peggy LeMaitre nor the family's attorney were immediately available for comment Wednesday.

This is a developing story. Check back for updates.

Contact Craig Medred at [email protected].

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