Gniadek v. Camp Sunshine at Sebago Lake, Inc.

Superior Court of Maine·Decided January 15, 2010·No. CUMcv-08-342·Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CIVIL ACTION DOCKET NO. CV-O/8-34?~

p,AC- CLA/Y)- I IS;:JOIO

KATIE GNIADEK,

Plaintiff

ORDER

v.

CAMP SUNSHINE AT SEBAGO LAKE, INC., et al.,

Defendants

Plaintiff Katie Gniadek brought this action against Camp Sunshine at Sebago Lake, Inc., and codefendant Michael Newton, a former volunteer camp counselor, after Newton sexually assaulted Gniadek on November 25-26,2005. Gniadek's amended complaint alleges that Camp Sunshine was generally negligent; negligently hired, supervised, and retained Newton; is vicariously liable for Newton's actions; and breached its fiduciary duty to Gniadek. Defendant Camp Sunshine has filed this motion for summary judgment. The Court grants Camp Sunshine's motion on all counts.

BACKGROUND

Defendant Camp Sunshine at Sebago Lake, Inc., is a non-profit

corporation that provides traditional summer camp experiences to children with chronic or life-threatening diseases and to their families. The Camp does not charge any fees for its programs and provides free boarding and meals to

attendees. To attend, children must be in their usual state of health and be accompanied by a parent or guardian, who they lodge with. "Camp medicine" amounting to first aid is provided for all attendees and volunteers, but children remain under the general care of their parent or guardian. While part of the Camp's program invol ves support groups, the Camp does not provide substance abuse treatment or psychiatric or psychological therapy.

In 2005 codefendant Michael Newton, then age 58, "vorked as a volunteer at Camp Sunshine. He alternately served as a counselor, teen counselor, and food service worker between July and November of that year. Camp Sunshine required that Newton fill out an ernployment application and provide two references before it would accept him as a volunteer. The Camp checked the references, but did not conduct a background check or personally interview Newton at that time. His volunteer service ended on November 18, 2005, after which time he was required to reapply for the 2006 season. 'fhe record shows that he had submitted an application for 2006, but that he was never offered a position.

Loren Christopher was another volunteer counselor at Camp Sunshine in 2005. Loren, a female, was 18 years old in August 2005. On August 26, 2005, Loren told campus director Michael Katz that Newton was making her uncomfortable. On a trip to Walmart with other volunteers, Newton had purchased a small card and gift for Loren and then asked her out for lunch or ice cream. On another occasion, Newton brought food to Loren's room when she was not feeling well. Newton "vas also in the habit of telling volunteers about his personal life, and he had made attempts to hug Loren or make other non-sexual

physical contact. Loren told Katz that these incidents, together 'with other attention Newton had paid her, made her uncomfortable in his presence.

Katz responded by telling Loren that he would speak with Newton and that in the meantime she should try to avoid him. The next day, August 27, 2005, Katz brought Newton to his office to discuss Newton's behavior. When confronted, Newton admitted to his actions and claimed that he was just trying to be friendly. Katz advised Newton to give people more personal space and ended the meeting.

After the meeting Katz ordered a criminal background check and driver's history check on Newton. Both checks came back clean. Katz spoke with one other volunteer about Newton and asked her if she had seen anything unusual. That vol unteer indicated that she had not, and Katz did not make further inquiries. Around this time another volunteer claims to have seen Newton "pat the rear ends or rub the shoulders of several young females, including younger kids," but that volunteer did not report this to the Camp's officials.

Katie Gniadek and her mother, Kimberly Cooper-Morin, attended Camp Sunshine during the week of September 3-9, 2005. Gniadek had attended Camp Sunshine previously and participated in fundraising events, but the dates and extent of this involvement subject to dispute. 1 There is no dispute, however, thc'lt Gniadek and Cooper-Morin became acquainted with Newton in his role as a volunteer counselor while at Camp in 2005. On the Jc'lst day of the session, Newton gave Gniadek a card and a gift, and asked her if they could stay in touch. She agreed, and Newton gave her his contact information. Gniadek was 17 years old at this time.

I This dispute is not material to the Court's decision.

At each session, Camp Sunshine compiles a list of the attending parents'

and guardians' contact information. The Camp began this practice at the campers' families' request. This list is made available at the registration desk as a resource so attendees can maintain communication with each other after leaving the Camp if they choose. An attendee's name and information only appear on the list with the attendee's knowledge and consent. Cooper-Morin's name and contact information was on the list for the session she attended with Gniadek.

Newton finished volunteering at Camp Sunshine on November 18,2005.

He contacted Cooper-Morin five days later on November 23,2005. Newton told Cooper-Morin that he was going to New York to visit Ana Collado and her family, and that he was inviting Gniadek, Cooper-Morin's daughter, to go with him. Collado and her family were former attendees of Camp Sunshine. Cooper­ Morin gave Newton her daughter's cell phone number, and Newton proceeded to call Cniadek and tell her about the trip. These calls were the first contact either Cooper-Morin or Gniadek had with Newton since their session at Camp Sunshine ended on September 9,2005.

Newton told Gniadek that he was done with Camp Sunshine, that he had already visited Anna Collado's son in New York once, and that he was going back to visit Collado and other former camp attendees and volunteers. Gniadek indicated that she wanted to accompany Newton to New York, but needed her mother's permission. Two days later on November 25, 2005, Newton called Gniadek and told her that he was going to New York that day. Gniadek obtained her mother's permission and left her home with Newton around 6:00 pm. Both Gniadek and her mother knew that the trip was a personal, private visit to New

York independent of Camp Sunshine. Camp Sunshine had no knowledge of these events.

Neither Cooper-Morin nor Gniadek contacted any of the people Gniadek thought she was going to visit before Gniadek left with Newton. In fact, Newton and Gniadek were not expected in New York. As they were driving, Newton asked Gniadek about her medications and whether any of them made her sleepy. She indicated that one would make it very hard for her wake up. Gniadek believes that her mother may have told Newton about the medications before they left Maine.

Between 9:00 and 10:00 pm Newton stopped the car at a gas station in Connecticut and reminded Gniadek to take her medicine. Shortly thereafter he told Gniadek that he was too tired to continue driving and that they would have to spend the night at a hotel. Newton drove to a Super 8 Motel and booked a room with one bed, telling Gniadek that there were no other options available. Gniadek, feeling very tired and under the influence of her medications, went to sleep in that bed. She woke up to find Newton on top of her with his fingers in her vagina. She freed herself, left the room, and called for help. Newton was arrested and subsequently pleaded guilty to sexual assault.

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Gniadek v. Camp Sunshine at Sebago Lake, Inc., (Me. Super. Ct. 2010).

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