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Verdict range $0 - $100,000
ARTICLE ID 182107
$________ Negligent supervision - Camp catering to children with cerebral palsy - Small 11-year-old boy is transferred from nine to 11-year-old children's cabin to 12 to 16-year-old children's cabin without advising infant parents - In loco parentis doctrine - Much larger co-defendant older camper with history of public masturbation forces infant plaintiff to perform oral sex on him - PTSD.
Monmouth County, NJ
In this action, the plaintiff contended that the
defendant sleep-away camp catering to children with cerebral
palsy, negligently failed to provide proper supervision. The
plaintiff established that the defendant indicated in its
marketing efforts that it provided a counselor for every two
campers and maintained that in view of such evidence and the
disabilities of its campers, very significant supervision was
required.
The camp had two summer sessions and the infant plaintiff was a
camper for both. The plaintiff, who was four feet 11 inches tall
and who weighed approximately 85 pounds, was in the cabin with
nine to 11-year-old children for the first session and was
transferred to the cabin for 12 to 16-year-old children for the
second session without consultation with the parents. The
plaintiff contended that during the second session, the much
larger 16-year-old co-defendant forced the infant plaintiff to
perform oral sex.
The plaintiffs security expert contended that the camp should
not have transferred the boy to the other cabin. The expert
maintained that in addition to the evidence that the infant
plaintiff was very small for his age and his disability, which
involved significantly reduced mobility on one side, the camp
should have taken into account that approximately six foot one
inch 16-year-old assailant had a troubled history, including an
incident of masturbating in public.
The expert also contended it was virtually impossible to
supervise all of the children at night, when the incident
occurred, and that in view of such factors, the transfer should
not have been made, especially in the absence of advisement to
the parents. The plaintiff also maintained that the camp was in
loco parentis and that the liability for the actions of school
employees that was imposed by Hardwicke vs. American Boychoir
School ________ NJ Super 71, should be extended to the defendant camp.
The defendants security expert denied that any duty was
breached.
The infant plaintiff maintained that he sustained PTSD. The
plaintiffs psychologist would have offered a guarded prognosis.
The case was submitted to arbitration and resulted in an award of
$________, with the individual defendant and the camp each 50%
responsible. The actions of the co-defendant were not covered by
insurance. The case against the camp subsequently settled for
$________.
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- Defeat or support post-trial motions through past case histories.
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