Facts
- A nonprofit organization operated a summer camp program, including swimming activities at a camp pool.
- A mother enrolled her 17-year-old son as a day camper; he had a severe developmental disability and a history of grand mal seizures controlled with medication.
- The application disclosed the seizure condition and medication, but that information was not communicated to the camper’s counselor or pool lifeguards.
- Camp staff generally knew that campers with developmental disabilities may experience seizures and that “breakthrough” seizures can occur even when medicated.
- While swimming, the camper suffered a seizure, aspirated water, was resuscitated, and received medical treatment.
- He died nine days later from respiratory complications attributed to the swimming incident.
Issues
- Whether the defendant camp operator could defend or reduce liability by pleading and arguing that subsequent negligent medical treatment, rather than the camp incident, caused the camper’s death.
- Whether the evidence permitted a reasonable jury to find that the camp operator breached a duty of reasonable care, making denial of judgment notwithstanding the verdict (JNOV) proper.
Decision
- The appellate court affirmed the final judgment for the plaintiff.
- The court upheld partial summary judgment barring the defendant from pleading or arguing that post-incident medical negligence caused the wrongful death.
- The court held the evidence was sufficient for a jury to find the defendant negligent and affirmed denial of the defendant’s JNOV motion.
Legal Principles
- A defendant whose negligence causes an initial injury remains liable for the full extent of resulting harm, including foreseeable aggravation from later negligent medical treatment.
- Subsequent negligent medical care does not provide a defense allowing the original tortfeasor to avoid liability or apportion fault away from its initial negligence.
- JNOV is improper where the evidence, viewed most favorably to the verdict, allows a reasonable jury to find duty, breach, and causation.
Conclusion
The court affirmed a wrongful-death judgment against a camp operator, holding that an alleged original tortfeasor may not shift responsibility to later medical providers for aggravation of the injury, and that the trial evidence supported findings that the camp failed to take reasonable precautions and communicate critical seizure-related information to those supervising pool activities.