A New Ulm woman has filed a personal injury lawsuit against the Morgan Creek Vineyards and a Mankato man for injuries she suffered in an ATV accident in 2012. 49-year-old Barbara Marti claims that 43-year-old Shawn Hearn is liable because he was driving the ATV while intoxicated, and that Morgan Creek is liable because the business gave Hearn consent to operate its ATV. The accident happened in September of 2012. Marti was a passenger on the vineyards John Deere Gator when she fell off and was run over. She suffered serious injuries, and was flown to the Hennepin County Medical Center from New Ulm. Hearn was arrested after a breath test showed he had a blood-alcohol level over twice the legal limit for driving, but he told police he had drank 3 glasses of wine after the accident to calm his nerves, and the charges against him were later dismissed due to lack of probable cause. Marti is related to the owners of Morgan Creek through marriage, but she is currently involved in divorce proceedings. The two sides have reportedly been negotiating possible solutions, and are tentatively scheduled to participate in mediation this Friday.