David Harris and Virginia Harris v. Camping Unlimited
Published: Jun. 20, 1998 | Result Date: Apr. 27, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96AS06165 Verdict – $500,000
Facts
On June 10, 1996, decedent Stephen Harris, an 18-year-old mentally disabled man, was attending Camp Krem, owned and operated by defendant Camping Unlimited for Retarded Children Inc. Camp Krem was founded for mentally disabled children and adults in the 1950s. The decedent and six other campers on his team were going through the process described as body checking. The process called for camp counselors to check each of the camper's bodies for any physical injuries they brought with them to the camp. The decedent's team was supervised by three camp counselors, one of whom was assigned as team leader. When the seventh camper became somewhat embarassed for having his body inspected in public next to the pool, two of the camp counselors took him to the bathroom area and completed the examination. The third counselor was in the pool with at least one other of the seven campers when decedent's whereabouts became unknown. Although there were numerous campers and counselors in the pool, along with one certified life guard, somehow the decedent drowned to death. Discovery established that the camp violated its own internal rules concerning pool rules. Specifically, because the decedent, in addition to his mental disability, had a seizure disorder, the pool rules required that he be within arms length of a counselor and/or have a life jacket on at all times while in the pool. The plaintiffs, the decedent's parents, brought this wrongful death action against the defendant.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $750,000. Per defendant, the defendant made an offer of $500,000.
Damages
Because, as a practical matter, the decedent was unemployable, there was no loss of support argued. The case was limited to the non-economic damages for being deprived of the love, companionship, comfort, affection, society, solace and moral support of the child.
Injuries
Death of an 18-year-old son.
Other Information
The verdict was reached approximately one year and five months after the case was filed. The trial court allowed the defendant's staff members to testify, over the objection of plaintiff's counsel, concerning the emotional impact this accident had on each of them. The defense further introduced evidence concerning the decedent's propensity to wander the neighborhood at night, which, on at least one occassion, caused the police to be called. The plaintiffs offered evidence of their deep love for their son, despite his disabilities. (Ironically, the decedent was born without disability, and at the age of six, was involved in an accident where he fell from a roof, which caused his mental retardation and seizure disorder.) A settlement mediation was held on Oct. 10, 1997, before the Hon. Daniel H. Weinstein (Ret.) of JAMS, resulting in recommendation that the case settle for $500,000. The defendants offered $500,000 which was rejected. Per defendants, the offer remained available until the jury was selected.
Deliberation
four hours
Poll
9-3
Length
10 days
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