City Of Santa Barbara v. Superior Court

41 Cal.4th 747 (2007)

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Nature of the Case

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Facts

D provides extensive summer recreational facilities and activities for children, including a camp for children with developmental disabilities Katie Janeway, who suffered from cerebral palsy, epilepsy, and other similar developmental disabilities, participated in Adventure Camp in 1999, 2000, 2001, and 2002. Adventure Camp was conducted from noon until 5:00 p.m. on weekdays for approximately three weeks in July and August. Activities included swimming, arts and crafts, group games, sports, and field trips. In 2002, as in prior years, swimming activities were held on two of five camp days each week in a D swimming pool. In 2002, the application form included a release of all claims against D and its employees from liability, including liability based upon negligence, arising from camp activities. Maureen (P) disclosed Katie's developmental disabilities and medical problems specifically informing D that Katie was prone to epileptic seizures, often occurring in water, and that Katie needed supervision while swimming. D was aware that Katie had suffered seizures while attending Adventure Camp events in 2001. She had a seizure when sitting on the pool deck and another seizure at the skating rink. P indicated that Katie was a good swimmer, and she never sought to prevent or restrict Katie's participation in the swimming portion of Adventure Camp. D assigned Veronica Malong to act as a “counselor.” Malong's responsibility was to keep Katie under close observation during the camp's swimming sessions. Malong, a college student, had worked for one year as a special education aide at the middle school attended by Katie. Malong had observed Katie experience seizures at the school, and she received instruction from the school nurse regarding the handling of those seizures. Malong also attended training sessions conducted by the City concerning how to respond to seizures and other first-aid matters. On the second swimming day at Camp, Katie drowned. One hour before drowning, Katie suffered a mild seizure that lasted a few seconds. Malong observed the seizure and sent another counselor to report the incident to a supervisor. The supervisor stated that the report never was received. Malong watched for approximately 45 minutes following the mild seizure. After receiving no word from her supervisor, Malong concluded that the seizure had run its course and that it was safe for Katie to swim. There were as many as 300 other children in the pool area. Katie jumped off a diving board and swam back to the edge of the pool. At Malong's insistence, Katie got out of the pool and rested for a few minutes. On the second dive, Katie dove into the water bobbed to the surface, and began to swim toward the edge of the pool. Malong momentarily turned her attention away from Katie. Malong looked back no more than 15 seconds later, and Katie had disappeared from her sight. Malong and others looked for Katie somewhere between two and five minutes, an air horn blew and the pool was evacuated. Lifeguards pulled Katie from the bottom of the pool. She died the next day. P filed a wrongful death action. D moved unsuccessfully for summary judgment and summary adjudication. The appeals court held that the release did not apply to gross negligence. D applied for a writ of mandate.