SWIMMERS BEWARE! Campground Sued for Lack of Adequate Warning Signs

January 1, 2003

Tom Mei and Michelle Hancock defended Riverland Resort, a campground along the Kings River, which was accused of failing to post adequate warnings to swimmers. Plaintiff, a frequent guest of the campground, visited the resort for several days around the Fourth of July in 2000. On his last day at the campground, he dove into the shallow river water and suffered a partial spinal paralysis.

A Motion for Summary Judgment was filed on the basis that the plaintiff had assumed the risk that the waters he had been using for the few days prior might be too shallow to dive in. The Court found that the only issue regarding the campground was whether the plaintiff dove into the river at a place where he knew the depth. We preserved our right to appeal the Court's decision.

Plaintiff's medical bills to date were $350,000.00, with expected lifetime future medical costs estimated at $ 1,000,000.00 minimum. His lost earnings were $110,000.00. The general/pain and suffering damages were estimated at $5,000,000.00 to $7,000,000.00. The total potential award against the campground of $8,460,000.00 would have resulted in a judgment in excess of policy limits.

Prior to Trial a settlement conference was held. Tom Mei argued that the Plaintiff had substantial comparative fault in diving into the shallow river after knowing its condition and that any number of warning signs posted along the river would not have avoided the injury. The Plaintiff ultimately agreed to a $500,000.00 settlement.