Facts

Kevin Costello was a freshman student at San Francisco State University who was taken to the Marin Headlands Institute as part of the University's Presidential Scholars Program. He and 24 other students were given one to two hours of free time to explore the beach area. He and a female student walked along the beach and onto a rock which they climbed. Having reached the top of the rock, some 65 feet above the ocean, they were unable to get down. While looking for an easier descent, Kevin fell and struck his head on the rocks below. He died four days later from his injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the University owed a duty of care to supervise Kevin as the Headland's Program was a mandatory part of his participation in the scholar's program. Plaintiffs contended that the University had promised to provide Staff to supervise the students but that, due to poor organization, none were present on the beach to chaperone them.

DEFENDANT'S CONTENTIONS:
The University contended that Kevin assumed the risk of injury by climbing the rock and that it had no duty to closely supervise college students during a recreational outing. The University also relied on a Release & Assumption of Risk form signed by Kevin and his mother.

Specials in Evidence

$99,000.

Injuries

Death. Non-economic damages.

Result

$875,000 settlement. Non economic damages for wrongful death of 17-year-old student.

Other Information

The case settled at a second mediation held after defendant SFSU had lost its motion for summary judgment based on a release signed by Kevin Costello and Joan Costello.