Two insurance companies have agreed to pay a total of $275,000 to settle a lawsuit alleging that parents hosting a party had not adequately overseen the use of a go-kart, resulting in injuries to a 13-year-old.
Facts & Allegations
The plaintiffs in this case alleged that Dominick Casanova, 13 years old, attended a party at a residence in Valatie, New York. The party was hosted by the residence's owners, Douglas and Karen Hess, and it was attended by seven or eight children within Dominick's age group. During the course of the event, Dominick allegedly was struck and injured by a go-kart driven by another minor, Nicholas Avenia.
Dominick's father, Isaac Casanova, acting as Dominick's parent and natural guardian, sued Nicholas, Nicholas' mother, Kathleen Avenia, and the Hesses. The lawsuit alleged that Nicholas had been negligent in his operation of the go-kart, that Ms. Avenia was vicariously liable for Nicholas' actions, that the Hesses had been negligent in their supervision of the parties' attendees, and that the Hesses had been negligent in their entrustment of the vehicle that had caused the accident.
The plaintiffs' counsel contended that the Hesses had provided the go-karts and all-terrain vehicles and had permitted the children's use of the vehicles; that parental permission had not been obtained; and that the activity had not been adequately supervised.
For their part, the Hesses claimed that they had adequately supervised the driving activity, that the activity had been conducted in a controlled environment, and that they had been standing within 100 feet of the action. They contended that the accident had been a spontaneous event that had occurred within a split-second.
Result
The parties negotiated a pretrial settlement. Liberty Mutual Insurance Company, the Hesses' insurer, agreed to pay $250,000, and New York Central Mutual Fire Insurance Company, Ms. Avenia's insurer, agreed to pay $25,000.
The case is Casanova v. Hess, No. 7418/14 (N.Y. Columbia Cty. Sept. 6, 2016). Attorneys involved include: Donald W. Boyajian; Dreyer Boyajian LLP; Albany, NY, for Dominick Casanova; Benjamin Hill; Dreyer Boyajian LLP; Albany, NY, for Dominick Casanova; Paul A. Hurley; Boeggeman, George & Corde, P.C.; Albany, NY, for Kathleen Avenia, Nicholas Avenia Patrick D. Slade; Santacrose & Frary; Albany, NY, for Karen Hess, Douglas Hess.
FC&S Legal Comment
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].