CEREBRAL PALSY NEWS
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"Girl with CP Enables Suits Against Recreation Programs"
July 17, 2007
The Supreme Court recently ruled that those who are injured in recreational programs are eligible to sue when extreme negligence is proven.
Whether or not a signed release was given to the head of the program is irrelevant, according to the new ruling.
Accident Leading to Ruling
The ruling was issued in a lawsuit filed by the parents of a 14-year-old girl with cerebral palsy who drowned in a swimming pool while participating in a summer program in Santa Barbara.
Katie Janeway often had epileptic seizures and suffered from a mild one just before getting in the community swimming pool.
The counselor claims she only looked away for a few seconds when the drowning occurred.
Although the parents had signed a release, which exempted Santa Barbara from being liable if anything went wrong, the court gave the Janeways the permission to submit their claim that the staff at the city pool had acted with gross negligence.
“Katie’s parents have suffered the unimaginable loss of a child,” said Roland Wrinkle, the family’s attorney. “But they are proud that the ruling allowing lawsuit for gross negligence will be a legacy that their daughter left.”
(Source: KCBS)
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