Gniadek v. Camp Sunshine at Sebago Lake, Inc.
11 A.3d 308
| Me. | 2011Background
- Camp Sunshine is a Maine nonprofit that runs weeklong camps for ill children; it provides vanishingly limited medical care beyond first aid.
- In 2005, 17-year-old Katie Gniadek attended Camp Sunshine, where 58-year-old volunteer Michael Newton interacted with her and other campers.
- A prior complaint by a female volunteer about Newton’s conduct prompted Camp officials to investigate, including background and driving history checks that came back clean.
- Newton later sexually assaulted Gniadek in a Connecticut motel after a November 2005 trip; Camp had not learned of the trip or Newton’s plans.
- Gniadek sued Camp Sunshine (and Newton) in 2008 for negligence, negligent hiring/supervision, negligent retention, fiduciary duty, and vicarious liability; the trial court granted summary judgment for Camp.
- The Maine Supreme Judicial Court affirmed, holding no duty owed by Camp and no vicarious liability under agency or misfeasance theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Camp Sunshine owed a duty to Gniadek to protect her from Newton's criminal conduct | Gniadek argues a fiduciary and custodial special relation created a duty | Camp Sunshine contends no special relationship or duty existed | No duty existed; Camp not liable on duty grounds |
| Whether Camp Sunshine is vicariously liable for Newton's torts under agency theory | Gniadek asserts Newton acted within Camp’s authority | Camp Sunshine contends Newton lacked actual/apparent authority at the time of the assault | Not liable; no apparent authority and not within scope of agency |
| Whether Camp Sunshine's conduct under Restatement §302B created a duty to protect or foresee the assault | Camp’s creation of contact lists increased risk | Court did not recognize a duty under §302B in these facts | No duty under misfeasance theory; §302B inapplicable |
Key Cases Cited
- Bryan R. v. Watchtower Bible & Tract Soc'y of N.Y., Inc., 1999 ME 144 (Me. 1999) (duty to protect from third-party harm and special relationships)
- Fortin v. Roman Catholic Bishop of Portland, 2005 ME 57 (Me. 2005) (special relationship factors; great disparity in position/influence)
- Dragomir v. Spring Harbor Hosp., 2009 ME 51 (Me. 2009) (negligent supervision; fiduciary/special relationships)
- Mahar v. StoneWood Transport, 2003 ME 63 (Me. 2003) (apparent authority limits; tort liability of employer not extended to assaultive acts)