Teenager with mental disabilities drowns in camp pool: Negligent supervision: Wrongful death: Verdict

Law Reporter, Dec 1998

Teenager with mental disabilities drowns in camp pool: Negligent supervision: Wrongful death: Verdict. Harris R Camping Unlimited, Cal., Sacramento County Super. Ct., No. 96AS06165, Apr. 27, 1998.

Harris, 18, was attending a camp for children and adults with disabilities. He was assigned to a team with three camp counselors. Upon arrival, the counselors checked each camper for injuries they may have had on arrival. When a camper became embarrassed at being inspected in public, two counselors took him into a bathroom. While the third counselor was in the pool with at least one other camper, Harris got into the pool and drowned.

Harris's parents sued the camp owner, alleging negligent supervision. Plaintiffs claimed that because Harris had a seizure disorder, defendant's 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. Defendant admitted liability at the conclusion of its case. The jury awarded $500,000, plus $7,500 for burial expenses according to the parties' stipulation.

Plaintiffs' expert was Robert S. Burgerman, comprehensive epilepsy, Sacramento, Cal. Plaintiffs' Counsel:

*Joseph J. Babich, Sacramento, Cal.