Phillips v. Southeast 4-H Educational Center

Negligence, Wrongful Death - Misty Ann Hays Phillips, Executor of the Estate of Richard William Phillips, deceased (the Plaintiff), filed an action
against Southeast 4-H Educational Center, Inc. (the Center), Susan Morlino, and Nicole Gipson (collectively, the Defendants)
for the wrongful death of Richard William Phillips. The Plaintiff alleged that Richard's death by drowning was caused by the Defendants' negligence. The Plaintiff's claimed that the Center was negligent for such things as the two lifeguards breached the acceptable standard of care in failing to sit in the elevated lifeguard chairs, to recognize signs of
passive drowning, and to effect a timely rescue, that the Center's
management breached the acceptable standard of care in failing to have site-specific training and to have a standard operating procedure. The Defendant's contended that the specific acts which led up to the victim's drowning were known consistent behavior for the deceased and therefore did not create urgent alarm.

Defendant's Verdict - The case was tried to a jury, but, at the conclusion of the

Gerald M. Dworkin, expert in water safety and as an emergency medical technician (EMT) with training in defibrillation

Unknown

Affirmed by the Supreme Court of Virginia. See: 510 S.E.2d 458 (Va. 1999). Note: The above cited date is the date of appellate decision and not the trial date. Reported by C.H.