Eastman v. Yutzy

13 Mass. L. Rptr. 73
CourtMassachusetts Superior Court
DecidedApril 3, 2001
DocketFranklin98144
StatusPublished

This text of 13 Mass. L. Rptr. 73 (Eastman v. Yutzy) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eastman v. Yutzy, 13 Mass. L. Rptr. 73 (Mass. Ct. App. 2001).

Opinion

Rup, J.

This controversy arises out of a bicycling accident at a camp for diabetic girls, the Clara Barton Camp for Girls with Diabetes2 (“the camp”), in Oxford, Massachusetts, in August 1993. The injured youth, Cherish Eastman (“the plaintiff’), filed this action against the camp’s executive director, Shelley Yeager (“Yeager”), its director, Kathryn Gregorio-Palmer (“Gregorio-Palmer”), the assistant director, Maria Lang (“Lang”), and two camp counselors who led the bicycle ride, William Yutzy (“Yutzy”) and Shana Paige Her-mans (“Hermans”), alleging that each is liable for negligence, gross negligence, and/or reckless conduct. The defendants, in turn, seek indemnification from the plaintiffs mother, third-party defendant Debra Eastman (“Eastman”), based on a release she signed in the application for the plaintiffs admission to the camp. The defendants now move for summary judgment against the plaintiff, asserting that she cannot prove, as a matter of law, the essential elements of the alleged torts. The third-party defendant also moves for summary judgment contending that the indemnification clause does not run in favor of these defendants. For the following reasons, both parties’ summary judgment motions are denied.

BACKGROUND

The summary judgment record includes the following material facts.

When she was approximately 8 years old, the plaintiff was diagnosed with insulin-dependent diabetes mellitus Type 1. In 1993, when the plaintiff was fifteen years old, she applied for and enrolled in the camp’s summer session scheduled for August 8-20, 1993. The camp is residential and is staffed with personnel trained in blood glucose monitoring, treatment of high and low blood sugars, insulin administration, general emotional and physical health care of children, coordination and safety, and leadership training.

The summer camp program offered many activities, including bike riding. During her stay at the camp, the plaintiff had participated daily in bike rides along with one other camper, Stacey LaRiviere (“LaRiviere”), and two counselors, Yutzy and Hermans. Each day this group took a different bike route but, prior to her accident on August 14, 1993, the plaintiff had never ridden down Clara Barton Road, which is narrow, steep, windy and unevenly paved. On August 14, 1993, the plaintiff and this same group of bikers met at a barn on or near camp property. Both the plaintiff and LaRiviere told Yutzy and Hermans that they did not want to ride their bikes on Clara Barton Road; however, the counselors overruled them, and the group prepared to ride their bikes on that road.

Camp rules require bikers always to ride in a single file, to the right of the road, and to watch for road hazards. The camp’s safety rules for bicycling warn: “These are dangerous, uneven roads. Be constantly on alert for potholes, loose gravel and sand, sharp turns and blind sections along the route.” The rules direct camp counselors to “(elmphasize control on downhills. Loss of control on down hills seem (sic) to account for a high percentage of non-motor related accidents.” Camp rules provide that prior to beginning a typical bicycle ride, the lead counselor should wait for the other counselor(s) and campers at the barn, check the campers’ equipment, ascertain that the children’s blood sugar was not low, and ascertain each participants’ readiness.

On the day at issue, Hermans and LaRiviere set out several minutes ahead of Yutzy and the plaintiff, who were delayed while Yutzy adjusted the plaintiffs bike helmet. After Yutzy and Hermans started biking, Yutzy directed the plaintiff to shift into a higher gear and pedal in order to catch up to Hermans and LaRiviere. Yutzy passed the plaintiff, leaving her behind. As a result of following Yutzy’s instructions, the plaintiff was riding at a speed faster than she preferred. While riding in this manner, the plaintiff passed LaRiviere, made contact with LaRiviere’s handlebar, and shortly [74]*74thereafter made contact wilh the rear tire of Hermans’ bicycle. The plaintiff lost control of her bike which flipped over several times. The plaintiffs fall left her comatose for several days, with a dislocated left shoulder, and with partial paralysis.

Additional facts will be included as necessary below to address the parties’ motions.

DISCUSSION

Summary judgment is appropriate if there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue and that, as a result, that the moving party is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 17 (1989).

I. The Defendants’ Summary Judgment Motion.

“Ordinarily, summary judgment is not an appropriate means to resolve negligence cases, because usually the question of negligence is one of fact.” Roderick v. Brandy Hill Co., 36 Mass.App.Ct. 948, 949 (1994), citing Mullins v. Pine Manor College, 389 Mass. 47, 56 (1983). A judge may decide the issue of negligence as a matter of law when no rational view of the evidence permits a finding of negligence. Roderick, supra. This principle applies to claims of reckless conduct, Inferrera v. Sudbury, 31 Mass.App.Ct. 96, 103 (1991), and gross negligence, cf. Zavras v. Capeway Rovers Motorcycle Club, Inc., 44 Mass.App.Ct. 17, 22 (1997).

A. Claims Against William Yutzy (Count I) and Shana Paige Hermans (Count (III)

The defendants assert that, on the undisputed facts, the plaintiff cannot prove as a matter of law that their negligence, rather than some other cause for which they are not responsible, caused the plaintiffs accident. The defendants rely in part upon the deposition of the plaintiff who, because of her comatose state immediately following the accident, has no recollection of the accident. They also rely on the depositions of the camp counselors leading the bike ride, who did not see the accident occur, and LaRiviere, who did not know how the accident happened. The defendants argue that this testimony compels the conclusion that the cause of the accident is unknown and, thus, that the plaintiff will not be able to prove the defendants’ negligence.

Contrary to the defendants’ argument, the summary judgment record is replete with disputed facts regarding events which led up to and arguably caused the accident. It is not immaterial that Yutzy and Hermans disregarded several camp safety rules, such as riding in single file, obeying speed limits, and emphasizing bikers’ control when proceeding downhill. Yutzy’s direction to the plaintiff to shift into a higher gear and to pedal in order to catch up with the rest of the group may have caused the plaintiff to pedal faster than she would have preferred. until she rode too fast to brake safely. Furthermore, the parties dispute whether Yutzy’s conduct substantially contributed to the plaintiffs loss of control of her bicycle.

The plaintiff alleges that Hermans was negligent by violating a camp rule that staff not commence bike rides until both leaders are ready, and then leaving Yutzy and the plaintiff behind. This conduct, the plaintiff argues, left Yutzy to choose between hurrying to catch up with Hermans and LaRiviere so that the group could ride together (as required by the camp rules) or maintaining a safer bike pace (also required by the rules).

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Bluebook (online)
13 Mass. L. Rptr. 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastman-v-yutzy-masssuperct-2001.