Def's Motion for Summary J. 19. at 9-11. 's Opp'n to Def's Statement of Material Fact 19 (Docket # 31) ( Pl. Court affirms the Recommended Decision and denies Camp Laurel's Motion for Summary Judgment. The Court denies Camp Laurel's Motion for Summary Judgment. At the time of the accident, Zuckerman was learning to canter and Sarah Balmer, one of Camp Laurels riding instructors, was leading Tinkerbell around an enclosed ring on a lunge line. In appealing the Magistrate's recommended decision, Camp Laurel again claims that it is immune from liability under Maine Equine Activities Act because a slipping saddle is a risk inherent to the sport of horseback riding. Officials work to help families of Paris crash victims - WMTW 's Resp. Lance . Dec. at 17. For example, even though the Act specifically excludes liability for a horse's bucking, kicking, shying, and running because such behavior is inherent to equine activities, Camp Laurel argues that based on the Magistrate Judge's interpretation of the statute, a defendant could not invoke the protections of the act if the plaintiff simply claimed it is possible that some negligent act by her instructor may have caused the horse to run or kick, and may have caused the plaintiff to fall. Def. We seek people with personality, character, stability and warmth. Pamela Payson, the head of Camp Laurel's equestrian program, was present and saw Samantha fall. I. This site is not a law firm and cannot offer legal advice. These exceptions illustrate that the Act does not provide blanket protection to sponsors and professionals from their own culpable acts. Assumption of risk is an affirmative defense and generally the party raising an affirmative defense has the burden of proof on the defense. Debbie previously served on the board of the Foundation for Jewish Camp. 's SMF 18. These fuzzy girths, although comfortable for the animals, are more prone to slippage. Find nearby businesses, restaurants and hotels. The Magistrate Judge concluded that the summary judgment record raises a genuine issue concerning a faulty tack decision and therefore the statute does not preclude Plaintiff's claim as a matter of law. Id. More than 90 Laurel Staff members are professional educators or college and high school coaches. The camp includes soccer fields, hockey fields, basketball courts, beach volleyball court . 's SMF 25. AUGUSTA, Maine A 35-year-old central Maine man faces manslaughter and other charges for allegedly being drunk when he struck and killed a camp counselor as she walked along a country road in July. Nov. 15, 2006); see Dodge v. Cotter Corp., 328 F.3d 1212, 1222 (10th Cir.2003) (stating that while expert opinions must be based on facts which enable [the expert] to express a reasonably accurate conclusion as opposed to conjecture or speculation, absolute certainty is not required) (citation omitted)). Joseph Rouleau, the driver, was taken to Central Maine Medical Center in Lewiston with minor injuries. Unfall-Tragdie im franzsischen Juragebirge. E. Unpredictable or erratic actions by others relating to equine behavior. Quality Maine Camping for Boys & Girls - Camp Laurel South Def's SMF 19, Pl. 's SMF ). Samantha described her fall from Tinkerbell: I was cantering in a circle on a lead rope and I started to feel the saddle slide towards the left, and I lost my balance; and my foot somehow got caught in the stirrup, but when I hit the ground I-I mean, my foot came out from the stirrup, and I hit my head while falling. ! at 7. Your California Privacy Rights/Privacy Policy. Camp Laurel South, a coed camp on Crescent Lake in Casco, Maine, offers four week sessions with a ful Id. Frankreich trauert um einen seiner grten Filmstars: Gaspard Ulliel ist nach einem Skiunfall gestorben. 289 (D.Colo.1993) (broken neck yoke ring); Easterling v. English Point Riding Sables, Civil Action No. Through our action-packed seven week experience, campers are exposed to a wide range of activities within our unique 6-part core program of Athletics, Waterfront, Adventure, Inter-Arts, Tennis and Equestrian. Camp Laurel's examples all concern a sponsor or professional acting negligently and through this negligence causing a horse to act in an inherently risky manner-kicking, running, biting, colliding or bolting. at 1 n.1 (quoting Pl. to Def. In her Complaint, Samantha alleges that [d]uring [her] riding lesson, Tinkerbell's saddle slipped, causing [her] to fall from the horse. First Amend. With a Press Herald subscription, you can gift 5 articles each month. Camp Laurel, on the shores of Echo Lake in Maine's Belgrade Lakes region, is known for taking great care of kids! Samantha's recollection is contradicted by Ms. Payson and Ms. Balmer; each testified that Samantha fell off Tinkerbell because she lost her balance. Recommended Decision on Motion for Summary Judgment (Docket # 38) ( Rec.Dec.). Whether Samantha is able to establish at trial the foundational prerequisite for her testimony remains to be seen, but for summary judgment purposes, she has generated sufficient evidence to permit Ms. Anderson to offer an expert explanation. The average Laurel counselor is 23 years old. This allegation contradicted the employees recollection that the plaintiff fell off Tinkerbell because she lost her balance. Zuckerman v. Camp Laurel ; D.ME; 2010 U.S. Dist. forgot password. Dec. at 15. Throughout the summer and at the time of the accident, Camp Laurel used fleece-lined girths on Tinkerbell and the other horses. The Magistrate Judge found the objections to paragraph 14 and 15 to be similar and that for purposes of summary judgment, Samantha, as non-movant, is entitled to the benefit of this expert testimony. Id. LISA TRIPLER, THE OWNER OF KAMP KOHUT SAID; "WE ARE SHOCKED. Hinckley was transported to Stephens Memorial Hospital in Norway before being transferred to Central Maine Medical Center in Lewiston, where she is receiving treatment for serious but not life-threatening injuries. 's SAMF 49. 15217 (Supp.1996), FN3 and Merrill v. Sugarloaf Mountain Corporation, 2000 ME 16, 745 A.2d 378, a Law Court decision interpreting the earlier vision of the ski liability statute. at 6 (Docket # 36) ( Def. T-shirts, posters, stickers, home decor, and more, designed and sold by independent artists around the world. 's Mot. Already have a commenting profile? Learn more. Anderson's qualifications to serve as an expert witness have not been challenged. Camp Laurel South - Facebook The driver of the oncoming vehicle was Tammy Hinckley, 52, of Bethel. "COMING UP MORE ON WHAT THE OWNERS HERE PLAN TO DO FOR THE CAMPERS IMPACTED B. Paris police Chief Michael Dailey said it is still not known what happened in a crash involving two cars on Route 26 last Friday afternoon at about 5:30 p.m.Dailey said a car carrying three employees of Kamp Kohut lost control, spun around and crossed the center line and crashed into an oncoming vehicle. Seattle Post-Intelligencer At Camp Laurel, campers participate in group activities and team sports and also develop individual talents. Ms. Payson testified that after the saddle is on a horse, you put the girth on snug enough so your saddle is not going to shift, but not-you don't tighten it up all the way. Pl. In the words of the First Circuit, Rule 401 merely requires that evidence make a contested fact more likely than it would be without the evidence (not more likely than not). Baker v. Dalkon Shield Claimants Trust, 156 F.3d 248, 253 (1st Cir.1998). CAMP LAUREL SOUTH - 16 Photos & 11 Reviews - 48 Laurel Rd, Casco, Maine - Summer Camps - Phone Number - Yelp Camp Laurel South 5.0 (11 reviews) Unclaimed Summer Camps Closed 8:00 AM - 9:00 PM See hours See all 16 photos Write a review (operators of the camp) do an incredible job running the camp. Any lack of saddle stability may cause a rider to fall from a horse or pony. When you sit down on all that fleece, sometimes you end up with a little play, so you always check that. Id. FN3. Create one. Lazar, of Seattle, was a college senior and working as a counselor at Camp Laurel in Fayette. Don't have a commenting profile? Samantha ZUCKERMAN, a minor, by her parent and natural guardian Roberta Zuckerman, Plaintiff, v. COASTAL CAMPS, INC. d/b/a Camp Laurel, Defendant, Thomas L. Douglas, Murray Plumb & Murray, Portland, ME, for Plaintiff. 7 M.R.S.A 4103-A(2)(A). She works closely with the head counselors, staff and campers, focusing on camper and staff relations, and oversees the camp health center. TimesMachine is an exclusive benefit for home delivery and digital subscribers. As the Magistrate Judge noted, no Maine decision discusses the Maine Equine Activities Act in its current form, and the case law that does exist discusses the earlier version of the act in a limited manner. at 8. ; Pl. Dec. at 14-15 (citing Gerrish v. Cool, Civil Action Docket No. at 2. Die Toten wurden geborgen und zur Identifizierung ebenfalls ins Krankenhaus transportiert. 15. The hallmark of Camp Laurel, on the shores of Echo Lake in Maine's Belgrade Lakes region, is great friends, amazing staff, world class facilities, top-flight instruction and fun in a caring atmosphere. Once a saddle slips forward and it no longer cups the withers, it is nearly inevitable that it will slip sideways. On July 30, 2006, Tinkerbell was also wearing a grazing check, a piece of tack that prevents a horse from pulling its head forward to eat. 's Opp'n Def . Thus, the Maine Supreme Judicial Court has held that the fact an expert in a criminal case testified that the accident might be or probably was the cause of the injury, is merely a circumstance to be taken into consideration by the trier of facts. Woodbury, 403 A.2d at 1170 (citation omitted); Clifford v. United States, 532 A.2d 628, 639-40 (D.C.Ct.App.1987) (stating that [a] rule of admissibility demanding a greater level of self-proclaimed certainty on the witness' part would remove from the jury its role in weighing the evidence). for Summary J. with Incorporated Mem. The Maill Massacre refers to the murder on 25 August 1944 of 124 of the 500 residents of the commune of Maill in the department of the Indre-et-Loire.Following an ambush a few days before and in reprisals against activities of the French Resistance, Second Lieutenant Gustav Schlter and his men organized the massacre and burnt the village. He currently serves on the board of Top of the Hill Club, the alumni backbone of the Staples High School soccer program. Its 150 unspoiled acres include woodlands, sports fields and open lawns. The Court agrees with the Magistrate Judge. The horse is led from the stables to the instruction ring. Zuckerman alleged that her instructors improperly saddled Tinkerbell and, as a result, her saddle slipped, causing her to fall. Def. The Kennebec Journal says Lazar's mother Deborah told Rouleau in court he murdered her daughter with a 2,000 pound weapon. She characterized Mr. Anderson's testimony as garden-variety expert testimony. Id. Der Lac de Chalaine liegt in der Nhe der Grenze zur Schweiz im franzsischen Juragebirge (bis 1720 Meter), Das Internat der Verunglckten liegt in der Provinzstadt Champagnole. Ms. Payson testified that although she does not remember the saddle sliding off to the side of the pony, she would not say that it was impossible the saddle shifted slightly because all of the rider's weight would have gone one direction. Pl. Rev. MOUNT VERNON, Maine (AP) Police say a Maine camp counselor has been killed in a vehicle accident. Create a commenting profile by providing an email address, password and display name. Maine Camp Experience - CL Girls | Camp Laurel | Flickr Claiming negligence, Samantha, through her mother, Roberta Zuckerman, sued Coastal Camps, Inc., doing business as Camp Laurel, seeking damages for personal injuries. Camp Laurel - College Students, Coaches, Teachers Come to Maine! High quality Camp Laurel Maine-inspired gifts and merchandise. Our exemplary staff provides a safe, fun, nurturing environment for children ages 7-15. Friends have set up a GoFundMe page to raise money for her medical bills. This profile is in addition to your subscription and website login. 's Reply SMF 47. The Kennebec Journal says Rouleau turned himself in at the Kennebec County jail Friday and was released after posting bail of $60,000 worth of real estate. A Scenario to Pay College Athletes Directly for NIL, Banned: New Yorks Civil Rights Law Sec. Success. Compl. at 1-5. ); Reply Mem. For more exhaustive lists, see the Aircraft Crash Record Office or the Air Safety Network or the Dutch Scramble Website Brush and Dustpan Database. Pl. HE SAID THE INVESTIGATION HAS BEEN CHALLENGING, DEALING WITH INTERPRETERS, THREE FAMILIES FROM TWO DIFFERENT COUNTRIES. THREE PEOPLE WHO ALL WORKED AT A SUMMER CAMP - KILLED IN A CAR CRASH - POLICE SAID IT WAS THEIR DAY OFF. VDOM DHTML s/article/seattle-camp-counselor-killed-in-maine-1305405.php. Given the fact that due to Tinkerbell's build, the Camp had experienced difficulty in keeping Tinkerbell's saddle from slipping forward throughout the summer of 2006, it is possible that on July 30, 2006, the saddle slipped out of position as a result of Tinkerbell's round belly and/or her low withers, notwithstanding the presence of the crupper. 47. Further, it found that that if the instructor used a girth that was wrong for the pony, given the ponys weight and shape, and if fleece-lined girths were more prone to slippage than other types, then the girth might have fit within the definition of the term faulty as it was used in Me. 4101(7-A). BIDDEFORD, Maine The Maine Center for Disease Control and Prevention has ten active COVID-19 outbreak investigations in the state, and three summer camps are among them. JIM KEITHLEY HAS MORE ON THE CRASH AND REACTION FROM "KAMP (KOE-HUT) KOHUT" IN OXFORD. Dailey said the investigation has been challenging, dealing with interpreters, three families from two different countries. AUGUSTA, Maine (AP) A Readfield man who has pleaded guilty to charges he was drunk when his car hit and killed a 21-year-old camp counselor is going to prison for eight years. Based on this exception, the specific scenario presented in this case, and the guidance supplied by the Law Court in [ Merrill v. Sugarloaf Mountain Corporation, 2000 ME 16, 745 A.2d 378] with respect to the assignment of burdens of proof the Magistrate Judge recommended that the Court deny Camp Laurel's Motion for Summary Judgment. 488 unequivocally provides that the statute shall not prevent the maintenance of an action against a ski area operator for the negligent design, construction, operation or maintenance of a tramway. Merrill, 2000 ME 16, 1, n. 1, 745 A.2d at 381 (citing 26 M.R.S.A. In her recommendation, Magistrate Judge Kravchuk determined that there is factual question as to whether one of the statutory exceptions to immunity applies; more specifically, whether Samantha's riding instructors made a faulty tack decision. Rec. Camp Laurel objected and Samantha responded. *1 On July 30, 2006, during a horseback riding lesson at Camp Laurel in Mount Vernon, Maine, twelve-year old Samantha Zuckerman sustained injuries when she fell from Tinkerbell, the pony she was riding. Two passengers were also killed. 's SAMF ). Welcome Laurel South Families - Laurel South If the factual underpinnings of [the expert's] opinions [are] in fact weak, that [is] a matter affecting the weight and credibility of their testimony. Payton v. Abbott Labs, 780 F.2d 147, 156 (1st Cir.1985); Brown v. Wal-Mart Stores, Inc., 402 F.Supp.2d 303, 308 (D.Me.2005) (As a general rule, the factual basis of an expert opinion goes to the credibility of the testimony, not the admissibility, and it is up to the opposing party to examine the factual basis for the opinion in cross-examination. Laurel camping was founded in 1949 and Camp Laurel operated its first summer in 1950 under the direction of the Archard and Harrison families. at 11-13. 800-327-3506. Get Driving Directions, Live Traffic & Road Conditions - MapQuest Full text is unavailable for this digitized archive article. FN1. Your California Privacy Rights/Privacy Policy. Camp Laurel, a coed summer camp on Echo Lake in Readfield, Maine, has been home to thousands of chil The plaintiff alleged that that Camp Laurel did not follow proper protocol when saddling Tinkerbell that day, which led to the accident. We know the warmth and support of our loving community will guide us through this difficult time.". The Magistrate Judge noted that Ms. at 5. Biddeford Recreation Director Carl Walsh. Paris police Chief Michael Dailey said it is still not known what happened in a crash involving two cars on Route 26 last Friday afternoon at about 5:30 p.m. Dailey said a car . Police say the women were walking along the road that night when Rouleau lost control of his vehicle, which went off the road and flipped, hitting Lazar and Jessup. VIDEO ABOVE: Several killed in Paris crash Advertisement Authorities say. 's Obj. at 2-5 (emphasizing that Ms. Anderson qualified her opinion by using terms such as may or it is possible). View Full Article in Timesmachine , See the article in its original context from. All rights reserved. 2024 Camp Dates. Explore! Although the Magistrate Judge did not specifically deny Camp Laurel's motion to strike, she explained that Ms. Anderson's statements in paragraph six were an expert explanation of one contributing factor that would support a finding that the saddle did, in fact, slip as Samantha testified it did. FN6. Camp Starts Saturday, June 22nd. Philot erschttert: Wir stehen wirklich vor einem Drama, alle sind schockiert.. Allein die Fahrerin war den Angaben nach volljhrig. 4103-A(1), but then proceeds to exclude from the definition of inherent risk certain sponsor conduct, most materially conduct related to the provision of faulty tack that causes an injury. Rec. You will receive an email to complete the registration. Following the accident, Tinkerbell's saddle was observed to have slipped from its proper position on top of the horse. Id. Camp Laurel contends these statements are speculative and wholly without evidentiary support, and are not a statement of fact, but rather speculation and conjecture. Def's Reply SMF 6, 14, 15. Please note the display name will appear on screen when you participate. "We are heartbroken to share the news that three staff members of our kitchen and laundry team tragically died in a car accident," said Lisa Tripler, owner of Kamp Kohut, in a statement to the media. Police say 21-year-old Corrie Lazar of Washington state died Monday night after she was struck while walking along Route 41 in Mount Vernon with two other Camp Laurel counselors. The Court found that the negligence here was tied to an exception to the liability shield - faulty tack. You can share 5 more gift articles this month. 39-41; Def. Camp Laurel, on the shores of Echo Lake in Maines Belgrade Lakes region, is known for taking great care of kids! A native of Westport, Connecticut, Jem assumed the directorship of a soccer camp in Fairfield County when he was 19 and found his calling. Request Information. Furthermore, absolute certainty is not a prerequisite to admissibility of an expert's testimony. Small v. GMC, 2006 U.S. Dist. A similar conclusion by this Court, however, would not provide absolute immunity to Camp Laurel in this situation because there are issues of material fact as to whether one of statutory exceptions to immunity apply, specifically whether Camp Laurel knew or should have known that the equipment or tack was faulty. Welcome to our online Camp Office. Check out the rest of the Camp Laurel Films! PRICE: $12,800plus another $1,000 for the optional . Dec. at 17. Official MapQuest website, find driving directions, maps, live traffic updates and road conditions. [p]rovided the equipment or tack, or knew or should have known that the equipment or tack was faulty to the extent that it did cause the injury. Sep 9, 2020 Like Dislike Share Save CampLaurelME 179 subscribers Sending a child to camp is a tremendous act of faith by parents. Bildungsminister Jean-Michel Blanquer sprach von einem Drama. Please subscribe or login first for digital access. 's SAMF 27. Frankreich: Unfall-Tragdie am Lac de Chalain! Auto strzt in See The described obligations of the participant relate to controlling the horse, not to a faulty tack or equipment. 's Mot.). Heres why. Through our action-packed seven week experience, campers are exposed to a wide range of activities within our unique 6-part core program of Athletics, Waterfront, Adventure, Inter-Arts, Tennis and Equestrian. It was either kind of on the side or underneath. Id. If the page does not reload within 5 seconds, please refresh the page. Debbie Sollinger. The camp's 2500 feet of private shoreline along sparkling Crescent Lake features a magnificent natural sandy beach and access to more than 3 miles of exceptionally clear waters . 61 talking about this. Camp Laurel moved for summary judgment on the ground that it is immune from liability under Maine Equine Activities Act (Act), 7 M.R .S.A. Maine man charged in camp counselor's death - Bangor Daily News Already registered? Hinckley was transported to Stephens Memorial Hospital in Norway before being transferred to Central Maine Medical Center in Lewiston, where she is receiving treatment for serious but not life-threatening injuries. In those examples, the sponsor would likely be immune under the Act. Step by step directions for your drive or walk. The Act defines the inherent risks of equine activities: *7 [T]hose dangers and conditions that are an integral part of equine activities, including, but not limited to: A. In particular, former 26 M.R.S.A. Dec. at 17. Although the Act is silent as to simple negligence as an inherent risk, the statute explicitly sets forth several specific exceptions to the liability shield based on negligent actions by the equine professional or organization. Both parties present case law from other jurisdictions to advance their position.

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