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Personal Injury
Negligent Supervision
Drowning

Nam Tran, Hue Thi Vo, Minh Tran v. City of Lake Elsinore, Vietnamese United Methodist Youth Fellowship

Published: Nov. 2, 2004 | Result Date: Mar. 15, 2004 | Filing Date: Jan. 1, 1900 |

Case number: RIC345894 Verdict –  $0

Judge

Richard T. Fields

Court

Riverside Superior


Attorneys

Plaintiff

Robert L. Luty
(Robert L Luty Attorney at Law)

Robert L. Lemle


Defendant

Robert W. Brockman Jr.

Robert H. Quayle IV
(Daley & Heft LLP)


Experts

Plaintiff

John A. Grabel
(medical)

Facts

Phuong Tran, an 18-year-old student, went with her church to the Lake Elsinore Recreation Campground for a church summer camp conducted by the Vietnamese United Methodist Youth Fellowship. Tran, who didn't know how to swim, drowned after she waded into waist-high water and fell off a ledge into a submerged boat ramp. Three other drowning deaths had occurred at Lake Elsinore before Tran's death that summer. The fellowship was unaware of these deaths, and was not notified about swimming dangers at the lake. The city did not change any of its procedures for notifying campers of potential risks, but it had ordered new warning signs before Tran's death. At the time of her death, the signs had not yet been put up. Minh Tran, Phuong's sister, witnessed Phuong's death. Tran's father, Nam Tran, her mother, Hue Thi Vo, and her sister, Minh Tran, sued the City of Elsinore and the Vietnamese United Methodist Youth Fellowship for negligent supervision and negligent infliction of emotional distress.

Settlement Discussions

The plaintiffs demanded $300,000 to Vietnamese United Methodist Youth Fellowship. Vietnamese United Methodist Youth Fellowship offered $10,000. The City settled before trial for $800,000.

Damages

Wrongful death and emotional distress.

Injuries

Wrongful death. The plaintiff's expert testified that Minh Tran suffered post-traumatic stress disorder from seeing her sister drown.

Result

Costs were awarded to the Vietnamese United Methodist Youth Fellowship.

Other Information

Plaintiff's expert testified that Minh Tran suffered post-traumatic stress disorder from seeing her sister drown.

Deliberation

one day

Poll

11-1

Length

nine days


#116722

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