DeCastro v. Odetah Camping Resort, Inc.
DeCastro v. Odetah Camping Resort, Inc.
Opinion
In this wrongful death action, the plaintiff, Adelson Luiz DeCastro, the administrator of the estate of Jose Luiz DeCastro (decedent), 1 appeals from the judgment rendered by the trial court in accordance with its decision granting a motion for judgment notwithstanding the verdict filed by the defendant, Odetah Camping Resort, Inc. The decedent drowned while swimming in a lake abutting the defendant's resort. On appeal, the plaintiff claims that the trial court erred in (1) applying the wrong legal standard for proximate cause; and (2) rendering judgment notwithstanding the verdict when the jury reasonably could have concluded that the defendant's negligence was a proximate cause of the plaintiff's injuries. We disagree and affirm the judgment of the court.
On April 12, 2012, the plaintiff commenced this wrongful death action against the defendant and claimed in his operative complaint that the defendant was negligent in (1) failing to provide lifeguards at its swimming area, and (2) that the defendant knew or should have known of the dangers associated with encouraging guests to swim to its two large recreational flotation devices located outside of the designated swimming area, yet failed to take reasonable steps to secure their safety in doing so. The jury returned a verdict in favor of the defendant on the first ground and in favor of the plaintiff on the second ground; the court accepted that verdict. Following the defendant's motion for judgment notwithstanding the verdict, the court granted the motion, rendering judgment for the defendant on the second ground because it found that the plaintiff had failed to provide evidence that the negligence of the defendant proximately caused the death of the decedent. This appeal followed.
In its memorandum of decision on the defendant's motion for judgment notwithstanding the verdict, the trial court reasoned that the jury could have found as follows. "On July 7, 2011, the decedent and a group of friends went to the defendant resort located in Bozrah .... In order to gain entrance, the decedent paid an entrance fee. The defendant is an approximately 100 acre campground that offers multiple recreational activities. In addition to facilities to accommodate overnight camping, the defendant offers sporting facilities, which include a pool as well as volleyball, tennis, and basketball courts. The defendant abuts a large, thirty-two acre freshwater lake, which includes a small beach, and offers swimming and boating activities. A portion of the lake that is adjacent to the beach has a designated swim area. The boundaries of the swim area are designated by a rope line and buoys. Just beyond the roped-off swimming area are two inflatable platforms. One was described as a platform or trampoline, and the other was described as an 'iceberg.' Both inflatable devices were attractions to be used by the resort guests. The defendant did not provide lifeguards at the pool or lake swim area. A single sign was posted at one end of the beach area, indicating: 'No Lifeguard on Duty. Swim at Your Own Risk.' No employees of the defendant directly supervised the lake swimming area.
"On July 9, 2011, the decedent and his friend, Saulo [De] Sousa, entered the designated swimming area for the purpose of swimming out to the trampoline just beyond the buoy line. When [De] Sousa reached the rope line, he observed the decedent immediately behind him in the water. The depth of the water at this location was approximately six feet. As [De] Sousa lifted the rope line to duck under it, he observed the decedent diving forward and under the rope. When [De] Sousa reached the trampoline, he climbed on it, but did not observe the decedent. After spending a few minutes on the trampoline, [De] Sousa reentered the water and swam to the shore. After unsuccessfully attempting to locate the decedent, employees of the defendant were notified that he was missing. After a brief search, 911 emergency services were dispatched, and Bozrah firefighters and rescue personnel responded to the scene. When notified that the decedent was last seen in the designated swim area near the buoy line, Firefighter Colin Laffey entered the water and located the decedent floating unresponsive just below the surface of the water just inside the buoy line. Laffey testified that he located the decedent in an area where the depth of the water was less than six feet. The decedent was brought to shore, and [cardiopulmonary resuscitation ] was administered. The decedent was then transported by ambulance to Backus Hospital, but never regained consciousness and was pronounced dead. A postmortem autopsy determined the cause of death to be asphyxia due to submersion. The postmortem examination was negative for any signs of illness, traumatic injury, or any preexisting medical condition or disease. A toxicology examination was negative for the presence of any drugs, alcohol, or medication.
"The decedent's drowning was unwitnessed despite the fact that there were numerous people in the water and on the beach. Although other members of the decedent's group ... were on the beach adjacent to the swimming area, no one saw him in distress or struggling in the water. He was identified by his friends as a good or strong swimmer."
On April 12, 2012, the plaintiff initiated the present wrongful death action against the defendant. The plaintiff filed a request to amend, and second amended complaint, dated May 4, 2015, and the court granted the request without objection on May 5, 2015. That amended complaint reduced the plaintiff's claims to that the defendant was negligent (1) in failing to provide lifeguards at the lake swimming area, and (2) in that the defendant knew or should have known of the dangers associated with encouraging guests to swim to its recreational flotation devices, yet failed to take reasonable steps to secure their safety in doing so. At trial, the defendant moved for a directed verdict at the close of the plaintiff's presentation of his case, arguing that the plaintiff had failed to present a prima facie case of negligence on either claim by failing to provide evidence of a duty to the decedent, or that the defendant's actions were the cause in fact or a proximate cause of the decedent's death. The court reserved judgment on the motion. After the trial concluded, the jury returned a verdict in favor of the defendant on the first claim and for the plaintiff on the second claim. The jury awarded $229,155.96 in total economic and noneconomic damages but found the decedent 49 percent liable and the defendant 51 percent liable. On May 6, 2015, the court issued an order accepting the jury's verdict.
The defendant then moved to set aside the verdict and for judgment notwithstanding the verdict on the ground that the evidence introduced at trial was insufficient to support any finding of negligence by the defendant that caused in fact or was a proximate cause of the decedent's drowning. Additionally, the defendant argued that the plaintiff failed to prove that it had any duty to require the decedent to wear a life jacket when he was swimming in the lake. On September 2, 2015, the court granted the defendant's motion for judgment notwithstanding the verdict, concluding that the plaintiff had failed to provide any evidence that the defendant's conduct caused or was a substantial factor in causing the decedent's death and, thus, the plaintiff had failed to establish that the negligent conduct of the defendant was a proximate cause of the decedent's death. This appeal followed.
I
The plaintiff claims first that the court applied the wrong legal standard to his negligence claims. Specifically, the plaintiff argues that the court erred in requiring him to prove that the negligent conduct of the defendant was the proximate cause of the decedent's drowning. The defendant argues that the plaintiff artificially isolates a single word in the final sentence of the court's memorandum of decision to support his claim that the court applied the wrong legal standard. We agree with the defendant.
"It is well established that [t]he ... determination of the proper legal standard in any given case is a question of law subject to our plenary review." (Internal quotation marks omitted.)
Mirjavadi
v.
Vakilzadeh
,
It is clear, after reading the entirety of the court's memorandum of decision, that the court set forth and
applied the proper standard for proximate cause in negligence claims:
a
proximate cause of the accident.
2
See, e.g.,
Mirjavadi
v.
Vakilzadeh
, supra,
II
The plaintiff next claims that the court erred in rendering judgment notwithstanding the verdict when the jury reasonably could have concluded that the defendant's failure to take reasonable steps to secure the decedent's safety when he swam out to either of the two recreational flotation devices, the trampoline or the iceberg, 3 was a substantial factor in causing the decedent's death. Specifically, the plaintiff argues that life jackets should have been required for anyone swimming out to those attractions, and had the decedent been wearing a life jacket, he would not have drowned. Additionally, he argues, citing cases involving unwitnessed deaths after falling, that our courts allow an inference of causation where logical and reasonable inferences can be drawn from circumstantial evidence. The defendant counters that there are no logical and reasonable inferences that can be drawn from the facts presented at trial that are strong enough to support an inference of causation in connection with this unwitnessed and unexplained drowning.
The following principles govern our analysis of the plaintiff's claims on appeal.
4
"We have stated that directed verdicts are disfavored because [l]itigants havea
constitutional right to have factual issues resolved by the jury. ... Accordingly, [o]ur review of a trial court's [decision] to direct a verdict or to render a judgment notwithstanding the verdict takes place within carefully defined parameters. ... [I]n reviewing the trial court's decision to render judgment notwithstanding the verdict, we may affirm that decision only if we find that the jury could not reasonably and legally have reached [its] conclusion. ... The question is not whether we would have arrived at the same verdict, but whether, when viewed in the light most favorable to sustaining the verdict, the evidence supports the
jury's
determination. ... A trial court may only grant a motion for judgment notwithstanding the verdict if the jury reasonably and legally could not have reached any other conclusion ... and must deny such a motion where it is apparent that there was some evidence upon which the jury might reasonably reach [its] conclusion. ... We review a trial court's decision on a motion for judgment notwithstanding the verdict for abuse of discretion." (Citations omitted; emphasis in original; internal quotation marks omitted.)
Landmark Investment Group, LLC
v.
CALCO Construction & Development Co.
,
"A cause of action in negligence is comprised of four elements: duty; breach of that duty; causation; and actual injury."
Ruiz
v.
Victory Properties, LLC
,
(Citation omitted; internal quotation marks omitted.) Id., at 329,
The record reveals the following additional testimony with respect to the decedent's death. At trial, the plaintiff presented the testimony of Gerald Dworkin, an expert in aquatic safety and rescue. Dworkin testified as to the bodily process and physical manifestations exhibited when an individual is drowning. Specifically, he testified that when an individual is drowning, "the victim will struggle for twenty to sixty seconds and during that period of time they're using up a lot more air than they're taking in and many experience what's referred to as a laryngospasm, and it's a reflex spasm of the airway when water goes down and triggers the spasm. So, as a result, they're not getting any air, they're struggling, therefore, they're using up a lot more oxygen than they're taking in. And they become what's referred to as hypoxic, it's a lack of oxygen getting into the brain. So as a result of the hypoxia the person's rendered unconscious and, unless they're wearing a life jacket, they will then typically be face down at or just below the surface of the water and, because their face is in the water, they're now in respiratory arrest. ...
"[T]he elements of the drowning process start with the struggle, the laryngospasm occurs, a hypoxic [state] occurs, the victim is in respiratory arrest and several minutes later the victim deteriorates into cardiac arrest. That laryngospasm at some point will relax involuntarily, at which point the victim then involuntarily gasps or inhales and if the victim's face is in the water or under the water at the time then the-now they aspirate the water into their lungs and, if it's chlorinated water or polluted water or salt water, that wreaks havoc on the lining of the lungs as well, deteriorating the victim even more so."
Dworkin also testified that certain conditions in the water and at the beach, lack of equipment, lack of procedures, and other factors increased the risks of injury to the defendant's guests. 5
Lacking from Dworkin's testimony, from any other witness' testimony, or from any other evidence, is evidence of what caused the decedent to drown. The plaintiff concedes that there is no evidence of what caused the decedent to remain submerged, and then drown, but argues that if the decedent had been wearing a life jacket, his head would have been held above water, and he would not have drowned. He asserts that it is common knowledge that life jackets hold a person's head and face above water.
Dworkin testified that there are five different classifications of personal flotation devices, which include life jackets. The plaintiff did not present expert evidence, however, regarding the ability of a personal flotation device to prevent the drowning of the decedent; nor could he, because there was no evidence of what caused the decedent to drown from which Dworkin could frame his expert opinion. There, thus, was not evidence sufficient for the jury to determine the issue of whether the decedent would have had a materially better chance of survival if he had been wearing a life jacket, and, therefore, that the defendant's failure to provide the decedent with a life jacket was a substantial factor in causing the drowning death of the decedent.
The lack of any evidence explaining why the decedent drowned distinguishes the present case from those cited by the plaintiff, in which our courts have concluded that the circumstantial evidence presented at trial permitted a finding that causation had been proven. In each of the cases cited by the plaintiff, sufficient circumstantial evidence of relevant defects, if believed by the jury, established by a fair preponderance of the evidence that the alleged defect or defects caused the victim's fall. See
Blados
v.
Blados
,
This case is more akin to
Wu
v.
Fairfield
, supra,
The judgment is affirmed.
In this opinion the other judges concurred.
The original complaint named as plaintiffs Adelson Luiz DeCastro, in his capacity as the administrator of the decedent's estate, and Dulcineide DaSilva Rocha, asserting an additional claim for loss of consortium. Subsequently, the loss of consortium claim was withdrawn and, therefore, in this opinion we refer to Adelson Luiz DeCastro, in his capacity as administrator, as the plaintiff.
In its memorandum of decision, as set forth previously, the court quoted the following language from
Rawls
v.
Progressive Northern Ins. Co.
,
As previously set forth, the court found that "[a] portion of the lake that is adjacent to the beach has a designated swim area. The boundaries of the swim area are designated by a rope line and buoys. Just beyond the roped-off swimming area are two inflatable platforms. One was described as a platform or trampoline, and the other was described as an 'iceberg.' ... [T]he decedent and his friend, Saulo [De] Sousa, entered the designated swimming area for the purpose of swimming out to the trampoline just beyond the buoy line." We thus consider, insofar as it is relevant, only the defendant's efforts to swim out to the trampoline.
The court did not make any determination as to whether the defendant had a duty to require or provide life jackets to swimmers, including the decedent, or whether there was evidence sufficient to make such a determination. We assume, however, solely for the purpose of analyzing the plaintiff's argument, that the defendant had a duty to provide a life jacket for the decedent's safety, before he swam out to either of the floating attractions, and we also assume, solely for the purpose of analyzing the plaintiff's argument, that the defendant breached that duty, and we instead review whether there was sufficient evidence for the jury to conclude that the breach of such a duty was a substantial factor in causing the decedent's death.
The plaintiff clarified at oral argument before this court that these increased risk factors, which included lack of depth markers, inadequate signage, and lack of rescue equipment, were meant only to illustrate risks posed that required that the defendant mandate and provide life jackets. These factors address the duty owed to the decedent, which is not before this court on appeal.
In other negligence cases, our Supreme Court has concluded that the evidence was insufficient to support a plaintiff's verdict because the plaintiff failed to remove from the realm of conjecture, guesswork, or speculation the issues of fault or proximate cause. See, e.g.,
Winn
v.
Posades
, supra,
Reference
- Full Case Name
- Adelson Luiz DECASTRO, Administrator (Estate of Jose Luiz Decastro), Et Al. v. ODETAH CAMPING RESORT, INC.
- Cited By
- 3 cases
- Status
- Published