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Government Liability

In Minor v. City Camps (No. Cal. Sup. Ct.), Douglas Saeltzer and Matthew Davis obtained a global $1,500,000 recovery on behalf of a disabled 7-year-old child injured at one of the defendant’s summer programs. The injury occurred when a camp counselor was pushing the young plaintiff in her wheelchair during a game of duck-duck-goose. The wheelchair tipped over, causing the child to strike her head on the ground. She sued the municipality and a contractor alleging the camp counselor was negligent. The defendants denied any liability, asserted a written waiver as a complete defense and filed a cross-complaint against plaintiff’s parents. The defendants further alleged that the minor plaintiff had fully recovered from her head injury and was doing well in school at her expected grade level. The case involved five law and motion matters, including a motion for summary adjudication affirmatively brought to eliminate the City’s ability to assert waiver as an affirmative defense. Over 20 depositions were taken in the case. The case resolved following two mediations.