Responsiblity of Camp Director Disputed in Camper's Death

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The plaintiff brings a wrongful death action for the death of a thirteen-year-old camper at a Camp Kenwood, a youth summer camp in Kent, Connecticut. The camper died while mountain biking under the supervision of two counselors from the camp. The camp director moved for summary judgment, and argued that there was no issue at play that could sufficiently hold the camp responsible for the death of the camper. The director argued he was not responsible for actions of the corporation, and that the geography of the road where the camper died was “open and obvious” in the dangers it imposed.

The camp directors' summary judgment motion was denied in a wrongful death action arising out of the death of a camper. The camp directors claimed that they were not liable in their official capacities of the corporate owner of the camp. However, the real ground of liability alleged by the camper's administrator was that as camp directors they breached their duties under Conn. Gen. Stat. §§ 19a-422(3) and 19a-428(a) and Conn. Agencies Regs. § 19-13-B27a to be responsible for the health, comfort and safety of the camper. Fact issues remained as to whether the camp directors breached that duty. "The plaintiff argues that the issue of whether the condition of Bald Hill Road is open and obvious is a genuine question of fact which cannot be decided on a motion for summary judgment. I agree" said the court.  "The documentary evidence about Bald Hill Road presents a genuine issue of fact as to whether the steep part of Bald Hill Road can be seen from the top of the hill. Brothers had never been on Bald Hill Road. Whether the discussion she had with the counselors at the top of the hill was sufficient to alert her to the danger is a question of fact as well."

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

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Source: Wynne v. Summerland, Inc. 2012 Conn. Super. LEXIS 2684 (Conn. Super. Ct. Nov. 01, 2012)