Memorandum

Memorandum

TO: Prosecuting Attorney

FROM: Tammy Beth, Attorney at Gross & Well

RE: Bob & Susan Tuttle vs. Mary Smith, Shayla Smith (Minor Child)

DATE: 08/18/2012

Question Presented:

Should Bob & Susan Tuttle be liable for Shayla Smith breaking her arm when jumping into a sand bottom pool?

Brief Answer:

Yes, it was Bob and Susan’s responsibility to keep an eye on Shayla when on their vacation. Bob and Susan failed to exercise their duty of care when they were not monitoring the children. Bob and Susan should be charged with negligent supervision, because they were legally entrusted with the care of a minor and they did not follow through with this.

Facts:

On June 15th, 2012 Bob and Susan Tuttle, took Shayla and their daughter, Tamara camping at “Everyone’s family at the O & D Family Campground”. Shayla’s mom was excited to have a break because Shayla is dyslexic, which has caused her to have a difficult time in school. The campground is small and has a sand-bottom pool, no diving board and no lifeguard; it is fed by an artesian, so it is clean, but murky. Owen and Dolly Jones, who own and operate the campground, don’t have any security on the premises because they are a “mom and pop” operation. On the morning of June 15th at about 9:30 the 10 year old girls hit the pool even though a sign posted at the pool entrance states that the pool in not supposed to open for another half hour, at 10:00 am. Tamara dove into the pool, and said “Ow”! It’s shallow here, but it was warm! Come on in!” Shayla yelled, “What?’ and dove in right next to Tamara, but she hit bottom and broke her arm. Tamara saved Shayla from drowning by pulling her to the side of the pool and then helping her out to the pool deck. The girls yelled for Tamara’s parents, who came out and called an ambulance. Owen and Dolly returned and rushed into the pool area before the ambulance arrived. Tamara’s mom wondered why the pool was not marked as shallow on the end, but Dolly says they put...