1250 Broadway, 27th Floor New York, NY 10001

CAMPER'S "HORSEPLAY" DEFEATS RECOVERY

Fifteen-year-old Benjamin Gibbud was injured while engaged in "horseplay" with his 21-year-old cabin counselor. Apparently, Gibbud responded to a fellow camper's prompt to "get" the counselor (who was interacting with another child). Gibbud jumped the counselor from behind, grabbing him in a bear hug and pinning the counselor's arms. The counselor reacted by abruptly shrugging Gibbud off, and as the counselor pivoted to identify the assailant, the child slid off the counselor's back, fell to the floor, and fractured an ankle.
Gibbud and his mother later filed suit against Camp Shane, Inc., in the Sullivan County Supreme Court, alleging negligent supervision. Finding no liability, the Supreme Court dismissed the case. On appeal, the Appellate Division, Third Department, affirmed noting that "a parent, teacher or other person entrusted with the care or supervision of a child may use such physical force as he or she reasonably believes to be necessary to maintain control and discipline" and held Gibbud responsible for "his own impulsive and reckless act of grabbing [the counselor] from behind...."
Next summer, the kid might want to try riding a real horse.
For a copy of the Appellate Division's decision in Gibbud v. Camp Shane, Inc., please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_05075.htm

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