Gniadek v. Camp Sunshine at Sebago Lake, Inc.

CourtSuperior Court of Maine
DecidedJanuary 15, 2010
DocketCUMcv-08-342
StatusUnpublished

This text of Gniadek v. Camp Sunshine at Sebago Lake, Inc. (Gniadek v. Camp Sunshine at Sebago Lake, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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

1 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

2 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. 3 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

4 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lever v. Acadia Hospital Corp.
2004 ME 35 (Supreme Judicial Court of Maine, 2004)
Cameron v. Pepin
610 A.2d 279 (Supreme Judicial Court of Maine, 1992)
Trusiani v. Cumberland & York Distributors, Inc.
538 A.2d 258 (Supreme Judicial Court of Maine, 1988)
Inkel v. Livingston
2005 ME 42 (Supreme Judicial Court of Maine, 2005)
Williams v. Inverness Corp.
664 A.2d 1244 (Supreme Judicial Court of Maine, 1995)
Morris v. Resolution Trust Corp.
622 A.2d 708 (Supreme Judicial Court of Maine, 1993)
Green v. Cessna Aircraft Co.
673 A.2d 216 (Supreme Judicial Court of Maine, 1996)
Beaulieu v. the Aube Corp.
2002 ME 79 (Supreme Judicial Court of Maine, 2002)
Dragomir v. Spring Harbor Hospital
2009 ME 51 (Supreme Judicial Court of Maine, 2009)
Fortin v. Roman Catholic Bishop of Portland
2005 ME 57 (Supreme Judicial Court of Maine, 2005)
Dexter v. Town of Norway
1998 ME 195 (Supreme Judicial Court of Maine, 1998)
Morrill v. Morrill
616 A.2d 1272 (Supreme Judicial Court of Maine, 1992)
Bryan R. v. Watchtower Bible & Tract Society of New York, Inc.
1999 ME 144 (Supreme Judicial Court of Maine, 1999)
Levine v. R.B.K. Caly Corp.
2001 ME 77 (Supreme Judicial Court of Maine, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
Gniadek v. Camp Sunshine at Sebago Lake, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/gniadek-v-camp-sunshine-at-sebago-lake-inc-mesuperct-2010.