Negligent Supervision: Teen v. Outdoor Recreational Group

Doris Cheng and Jeffrey A. Clause obtained a multi-million dollar confidential award on behalf of a young teen who suffered frostbite and exposure injuries while a participant at the defendant’s facility. The defendant’s employees failed to properly equip and supervise a group of teens on a winter camping trip undertaken in spite of severe weather warnings. Plaintiff suffered permanent nerve injuries in both feet. Defendant disputed both liability and damages and produced testimony to the effect that by the time of trial the minor had fully recovered without any residual symptoms. In order to prevail, Doris and Jeff were required to defeat a contractual release by showing that the defendant’s employees had acted with gross negligence, including violation of industry standards and their own operating manual and internal safety standards.