Facts

On May 28, 2007, nine-year-old Chancellor Buscher was at Oceanside RV Park LLC in Oceanside. Buscher sustained burns while at the Oceanside RV Park. Samantha Cook, as guardian ad litem for Buscher, sued Oceanside RV Park LLC.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in 2013, during Memorial Day weekend, Buscher, who was then nine, was playing football with his cousin at Oceanside RV Park. The football went over the fence so Buscher went to retrieve it. In doing so, he climbed atop two coal cement boxes. One box was higher and was covered while the other was uncovered. On his way down, he jumped into the bottom box, believing it was filled with sand. Unbeknownst to him, it was filled with hot coal, and he suffered first- and third-degree burns to his feet.

Cook alleged defendant failed to warn of the possibility of hot coals, thereby creating a dangerous condition. Cook contended that there were inadequate and insufficient warnings. Cook also contended that the lower box should have been covered, and that Oceanside RV Park should have placed a hose close by to use for the hot coals.

DEFENDANT'S CONTENTIONS:
Defendant argued the lower box had a sign warning regarding hot coals. Further, there were other signs posted around the park warning guests to supervise their children.

Defendant contended that Buscher testified that he knew what the sign meant, and that the child admitted that he would have avoided the area if he had read the sign. Oceanside RV Park also contended that Busher's grandmother, who was present at the time of the incident, was responsible, and that she should have known of a high probability that there were hot coals in the coal cement boxes, given that the incident took place during Memorial Day weekend. As such, Oceanside RV Park contended that the grandmother should have warned Busher to avoid the area and avoid climbing on the coal boxes.

Defendant argued that the proximate cause of the plaintiff's injuries were the grandmother's failure to supervise the minor and his decision to jump into the hot coal box knowing that it was potentially dangerous.

Settlement Discussions

Plaintiff demanded $3.4 million.

Damages

Buscher sought $300,000 in medical costs and pain and suffering damages.

Injuries

Buscher was airlifted to the hospital where he was confined for two weeks, and underwent skin grafts. He sustained permanent disfigurement to his feet.

Result

The jury's verdict favored defendant. Although it found Oceanside RV Park negligent, its negligence was not a substantial factor in bringing about Buscher's harm. Defendant was awarded costs in the amount of $27,000.

Other Information

Plaintiff's motions for a new trial and Judgment Not Withstanding the Verdict were denied.