Case Study Of Andes V. Young Men's Christian Association
Zach Tverberg
HPE 466
September 17, 2014
Case Brief 1
Case Name:
Andes v. Young Men’s Christian Association, 74 Cal. Rptr. 2d 788 (Cal. App. 6 Dist. 1998)
Summation of Facts:
In May of 1998, the parents (plaintiffs) of Stephen Andres sued the YMCA (defendant) in a wrongful death suit. Stephan Andres drowned in a spa pool in a locker room at the YMCA facility. The parents believed that the YMCA was negligent by not having lifeguards in the spa pool area of the locker room where Stephen Andres was found dead. The YMCA is required by the Health & Saf. Code, § 116045 to have lifeguards for any public pool, however it is not required for the seven-foot, ten-inch by seven-foot, four-inch spa pool that was three feet, six inches …show more content…
Decision of the Court:
The Court of Appeal confirmed the verdict of the trial court because the court denied financial compensation to Stephan Andres’ parents because of the lack of negligence by the spa pool itself.
Rational for Court’s Decision:
Negligence § 55--Negligence Per Se--Violation of Ordinance--Swimming Pool Supervision—Application to Spa Pool.
In a wrongful death suit for Stephan Andres the trial court did not err by rejecting the plaintiffs offered jury instructions for not providing a supervisor in the locker room required by Cal. Code Regs., tit. 22, § 65521, subd. (a), requiring that every pool be under the care of a competent person, which is not related to a lifeguard but the person in charge of the sanitation and hygiene of the pool. Negligence in itself only pertains if the person suffering the death or injury was one of the relatives for which the protection statute, ordinance, or regulation was adopted. Stephen, a victim of drowning rather than unsanitary facilities, was not related to the person whose protection section 65521 was
HPE 466
September 17, 2014
Case Brief 1
Case Name:
Andes v. Young Men’s Christian Association, 74 Cal. Rptr. 2d 788 (Cal. App. 6 Dist. 1998)
Summation of Facts:
In May of 1998, the parents (plaintiffs) of Stephen Andres sued the YMCA (defendant) in a wrongful death suit. Stephan Andres drowned in a spa pool in a locker room at the YMCA facility. The parents believed that the YMCA was negligent by not having lifeguards in the spa pool area of the locker room where Stephen Andres was found dead. The YMCA is required by the Health & Saf. Code, § 116045 to have lifeguards for any public pool, however it is not required for the seven-foot, ten-inch by seven-foot, four-inch spa pool that was three feet, six inches …show more content…
Decision of the Court:
The Court of Appeal confirmed the verdict of the trial court because the court denied financial compensation to Stephan Andres’ parents because of the lack of negligence by the spa pool itself.
Rational for Court’s Decision:
Negligence § 55--Negligence Per Se--Violation of Ordinance--Swimming Pool Supervision—Application to Spa Pool.
In a wrongful death suit for Stephan Andres the trial court did not err by rejecting the plaintiffs offered jury instructions for not providing a supervisor in the locker room required by Cal. Code Regs., tit. 22, § 65521, subd. (a), requiring that every pool be under the care of a competent person, which is not related to a lifeguard but the person in charge of the sanitation and hygiene of the pool. Negligence in itself only pertains if the person suffering the death or injury was one of the relatives for which the protection statute, ordinance, or regulation was adopted. Stephen, a victim of drowning rather than unsanitary facilities, was not related to the person whose protection section 65521 was