Kane v. Camp Takajo
Kane v. Camp Takajo
Opinion of the Court
OPINION
Defendant, Jeffrey A. Konigsberg (“Konigsberg”), moves, pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint. Plaintiffs cross-move, pursuant to 28 U.S.C. § 1447(c), to remand this action to state court.
BACKGROUND
Defendant, Camp Takajo (“the camp”), is a summer camp for boys, located in Naples, Maine, and is owned and operated by defendant Morton Goldman (“Goldman”).
In November 1987, plaintiffs commenced this action in the Supreme Court of the State of New York, Rockland County, which, upon motion by defendants, was removed to this court. The complaint alleges that defendants were negligent in the “ownership, operation, maintenance, control and supervision” of the camp and that such negligence led to Eric’s death.
Konigsberg, at the time of Eric’s death, was an Associate Director of the camp and was Counselor-in-Charge of the Junior Program. He had no direct supervisory responsibility for Eric and Jacob and did not accompany the boys on the trip.
DISCUSSION
An action “shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.”
There is a threshold question as to whether the law of New York or Maine is applicable here. In a diversity action, we must apply the conflicts of law rules of New York.
The Supreme Judicial Court of Maine has held that whether a person owes a duty of care to another is a question of law
Konigsberg is one of two camp employees with the title “Associate Director.” He is not, however, an owner or stockholder of the camp and has no authority to set policy of any kind. He has no authority to hire or fire staff members. All such authority rests solely with Goldman, who is President, Director and Head Counselor of the camp.
There can be no serious question that a camp counselor, including Konigsberg, would have a duty to protect any camper who sought his help or who was in clear need of assistance. However, in light of the extremely remote connection between Konigsberg and the incident involving Eric and Jacob, we cannot agree with plaintiffs’ contention that Konigsberg was negligent in his supervisory role and that such negligence resulted in Eric’s death. In short, Konigsberg had no direct responsibility for Eric under the facts of this case. Nor did he have any reason to suspect that Eric was in danger. Were Konigsberg more directly connected with the Senior Program or were he present at the altercation between the boys, the result here might be different. However, the direct relationship necessary to give rise to Konigsberg’s “obligation for the benefit of [Eric]”
Plaintiffs have failed to state a claim against Konigsberg, and the complaint as against him must be dismissed on the merits. Joinder will be considered fraudulent when it is established “that there can be no recovery [against the defendant] under the law of the state on the cause alleged, or on the facts in view of the law as they exist when the petition to remand is heard.
CONCLUSION
Accordingly:
(1) Defendant Konigsberg’s motion to dismiss the complaint as to him is granted in all respects.
(2) Plaintiffs’ cross-motion to remand this action to the Supreme Court of the State of New York, Rockland County, is denied in all respects.
So ordered.
. See Affidavit of Goldman, sworn to February 9, 1988, at ¶¶ 1, 2 ("Goldman Affidavit 1").
. See Affidavit of Jeffrey A. Konigsberg, sworn to February 9, 1988, at ¶¶ 4, 6 ("Konigsberg Affidavit 1”).
. Konigsberg Affidavit 1, supra, at ¶ 7.
. See Complaint, at ¶ 69.
. See Konigsberg Affidavit 1, supra, at ¶¶ 3, 5 and 10, and Affidavit of Konigsberg, sworn to April 4, 1988, at ¶ 12 (“Konigsberg Affidavit 2").
. 28 U.S.C. § 1441(b).
. Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 491, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941).
. Babcock v. Jackson, 12 N.Y.2d 473, 240 N.Y.S.2d 743, 749, 191 N.E.2d 279, 283 (1963).
. Joy v. Eastern Maine Medical Center, 529 A.2d 1364, 1365 (Me. 1987).
. Id., at 1365 (quoting W.L. Prosser, Law of Torts § 53 (4th ed. 1971)).
. See Affidavit of Morton Goldman, sworn to April 4, 1988, at If 9 ("Goldman Affidavit 2”).
. See Goldman Affidavit 2, supra, at ¶[ 3.
. See Konigsberg Affidavit 1, supra, at ¶ 6.
. See Goldman Affidavit 2, supra, at ¶ 5.
. See Goldman Affidavit 2, supra, at ¶ 9.
. See Goldman Affidavit 2, supra, at ¶ 12.
. Joy v. Eastern Maine Medical Center, supra, 529 A.2d at 1365.
. Allied Programs Corp. v. Puritan Ins. Co., 592 F.Supp. 1274, 1276 (S.D.N.Y. 1984), quoting Parks v. New York Times Co., 308 F.2d 474, 478 (5th Cir. 1962).
Reference
- Full Case Name
- Sanford L. KANE, as Administrator of the Estate of Eric Andrew Kane, Sanford L. Kane, individually, and Louise S. Kane, individually v. CAMP TAKAJO, Morton J. Goldman, Elise R. Goldman, John H. Goldman, Paul Goldman, David M. Cohen, and Jeffrey A. Konigsberg, individually and as officers and/or directors of Camp Takajo, John Edgar Wideman and Judy Wideman
- Status
- Published