Case Results
In an Important Development in the Area of Recreational Torts, G&S Obtains an Affirmance of Summary Judgment Dismissing the Complaint of a Camper in a Negligent Supervision Case, Where the Camper Suffered a Trimalleolar Ankle Fracture After Jumping on His Counselor's Back Who Reacted by Pushing the Plaintiff to the Ground — June 2006.
Recreational Tort — Negligent
Supervision, Proximate Cause
Appellate Division, Third Department, N.Y.S.2d, 2006 WL 1703756
The Court affirmed the trial court's grant of summary judgment
dismissing a camper's claim who sustained a trimalleolar ankle fracture
after he jumped onto the back of his counselor who "turned,
grabbed him and pushed him down." The plaintiff alleged negligent
supervision since his bunkmates were engaged in wrestling and "horseplay"
with the counselor, which lead to the incident. The Court held that
"[a] certain amount of horseplay is almost always to be found
in gatherings of young people, and is generally associated with
children's camps. It is only to be discouraged when it becomes dangerous".
Although the Court applied the standard of care of a reasonable
parent under the circumstances, it neverthless held that "a
parent, teacher or other person entrusted with the care of supervision
of a child may use such physical force as he or she reasonably believes
to be necessary to maintain control and discipline". The Court
also held that the teenage camper's impulsive and reckless conduct
proximately caused the accident.
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