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PERSONAL INJURY: Appellate Court affirms judgment for defendant notwithstanding the verdict arising out of drowning

PERSONAL INJURY: Appellate Court Affirms Judgment For Defendant Notwithstanding The Verdict Arising Out Of Drowning

A jury concluded that the defendant camping report was 51% responsible for the plaintiff’s decedent’s drowning death.  The decedent had been known to be a strong swimmer and was in the process of swimming out beyond the buoy line to a platform when he drowned.  No one observed the decedent in distress or struggling in the water.  Signs were posted indicating that no lifeguard was on duty.  The plaintiff argued that the defendant was negligent in failing to provide life preservers.

Following a plaintiff’s verdict, the trial court set aside the verdict and the Appellate Court now affirms.  The court holds that there was a lack of evidence as to how a lifejacket would have prevented the incident.  Where there was no evidence that the alleged failure to provide a lifejacket was a causative act or proximate cause of the decedent’s death, the judgment was appropriately set aside and directed for the defendant.

DeCastro v. Odetah Camping Resort, AC 38370 (2/7/17)

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