. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 41948

- YMCA counselors allegedly grossly negligent in failing to adequately supervise students in after school program - Infant plaintiff inadvertantly struck in eye by rock when two fellow students attempted to throw rock as far as possible - Loss of vision in one eye.

U.S. District Court, Newark

This was an action involving a then 10-year-old infant plaintiff who was inadvertently stuck in the eye by a rock when two other children attempted to determine how far each could throw a rock. The YMCA employed a counslor to supervise the children who were playing inside and a second counselor to watch the children who were playing outside. The plaintiff contended that the counselor who was assigned to be outside failed to do so, and that the incident occurred when she was inside the building. The plaintiff was required to establish gross negligence in order to defeat the charitable immunity enjoyed by the YMCA. The defendant maintained that the counselor in question was present outside but that the incident occurred too quickly to prevent. The defendant also maintained that a fellow student of the plaintiff, who testified at trial that the counselor was not outside, had indicated that she was outside during discovery. The plaintiff contended that he was left essentially blind in the one eye. The defendant maintained that the injury would have substantially resolved if it had not been for a subsequent incident in which the plaintiff was struck by an elbow of a fellow basketball player when he failed to wear the protective glasses that were prescribed. The jury found for the defendant.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.