Summer Swimming Incident
Shayla Smith stayed a few nights of summer vacation with her friend, Tamara, whose Mom and Dad, Bob and Susan Tuttle, took Shayla and their daughter, Tamara, camping. Shayla’s mom was happy for the break, as Shayla is dyslexic, and that has caused her to have a difficult time at school. Consequently, she acts out, and is a handful for her single mom! The campground is small, but has a fun mini-golf game, hiking trails, and has a pool, but no diving board, and no lifeguard; it is a sand-bottom pool, fed by an artesian well, so it is clean, but murky. The owners, 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, and the campers all come back year after year. The sign out front says, “Everyone’s family at the O & D Family Campground!” Tamara’s family was looking for a summer spot to which they can return year after year, so they gave the O & D a try this year. The first morning after arriving, the two 10 year-old girls hit the pool at about 9:30, even though it is not supposed to open for another half hour, according to the sign at the entrance. Tamara dove into the pool, and said, “Ow! It’s shallow here, but it is warm! Come on in!” Shayla yelled, “What?” and dove in right next to Tamara, but she hit bottom and broke her arm. Tamara saved her from drowning by pulling her to the side of the pool, and then helping her out to the bank. They call out for Tamara’s parents, who came out and immediately called the ambulance. Owen and Dolly returned from breakfast in town, and rushed into the pool area before the ambulance even arrived. Tamara’s mom wondered why the pool was not marked as shallow on that end, but Dolly says they put up the signs every morning when they get ready to officially open the pool, plus the pool is sand bottom and relatively soft anyway. Shayla’s family wants to sue Tamara’s parents for negligent supervision, as well as the...
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