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A Tragic Event Leads to Lawsuit

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  • #16
    SSScout: I think you got the reaction right. It's a very normal reaction. A lawsuit for 50MM 2-3 years later is another story though.
    As far as the timeline and first aid. According to the original petition, the accident occurred at 2:30pm. He was struck by a vehicle owned by Texas Parks and Wildlife and driven by the park host (it was electric, according to the 5th amended petition). He was transported via helicopter to a Houston hospital. He died at approximately 7:39pm.

    No tour plan was filed. Looks like a lot of kids and vehicles for only 2 campsites, so, most likey many cars parked on the side of the road. The boy did run out from between two parked cars, after all the other boys had run over to the adult campsite.
    I'm not so sure of a quick and quiet settlement. The suit was filed in January 2013 and they are still going through discovery. Discovert deadline is 9/10/14. Mediation is required prior to docket call. Docket call pretrial is 11/3/14. This is going to take awhile.
    Emails about the campout, volunteer training records, pictures from the campout, committee meeting minutes, training policies, etc have already been submitted. I can't think of what else could be subpoenaed, but then, I'm not a lawyer.
    I'm having visions of a required GTSS training class....

    Comment


    • #17
      mozartbrau: The look both ways thing is going to make it to my pre-camp announcements. We do get careless when no cars have been running through.

      We typically camp on the same side of the road as our scouts, but pay for an extra campsite as a buffer zone between the scouts and adults.

      Comment


      • #18
        Originally posted by koolaidman View Post
        No tour plan was filed.
        Did I read this was a District or Council event where the troop in question was present? Wouldn't that negate the need for a unit-based tour plan?

        Otherwise, if it was a unit-based event they would need a tour plan, permission slips, etc. from all participants.

        Comment


        • #19
          The loss of that boy is tragic and I can't even imagine the feelings that went through parent's minds when it happened. They have done what they think is the right thing to do. Let the courts and the juries sort this out. We're sure not going to in these threads.
          No matter what the outcome, those parents will continue to live the darkness of their loss.

          Comment


          • #20
            Originally posted by koolaidman View Post
            mozartbrau: The look both ways thing is going to make it to my pre-camp announcements. We do get careless when no cars have been running through. We typically camp on the same side of the road as our scouts, but pay for an extra campsite as a buffer zone between the scouts and adults.
            We make sure the SPL delivers our standard speech before we leave our garage (buddy system, two-deep, no running, no sticks, look both ways, etc.). We reiterate it when we arrive.

            Accidents will happen but we can at least follow protocol so that should an accident happen and someone get litigious, we have proof we followed the "reasonableness" test.

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            • #21
              Was thinking about the question about golf cart vs gator vs whatever, so I did a quick search. The specs of the cart in the link are a curb weight of nearly 1000 lbs with a max speed of 17 - 19 MPH.

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              • #22
                mozrartbrau: it was a troop event, not district.

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                • #23
                  Originally posted by koolaidman View Post
                  mozrartbrau: it was a troop event, not district.
                  That's what I thought. But in the article it said "For its monthly campout in October 2012, the Sam Houston Area Council decided to use Stephen F. Austin State Park and invited boys and parents from Webelo groups (fourth and fifth grade Cub Scouts) for purposes of recruiting new Scouts, the petition states."

                  They way that can read is that the Council sponsored the event, invited Packs to attend and that Troop was there to help recruit. Perhaps it is reported poorly and the only thing Council did was recommend SFA state park as a location, but the event was up to the Troop. Hard to tell from the article.

                  Comment


                  • #24
                    Originally posted by mozartbrau View Post

                    That's what I thought. But in the article it said "For its monthly campout in October 2012, the Sam Houston Area Council decided to use Stephen F. Austin State Park and invited boys and parents from Webelo groups (fourth and fifth grade Cub Scouts) for purposes of recruiting new Scouts, the petition states."

                    They way that can read is that the Council sponsored the event, invited Packs to attend and that Troop was there to help recruit. Perhaps it is reported poorly and the only thing Council did was recommend SFA state park as a location, but the event was up to the Troop. Hard to tell from the article.
                    Could be either, I'd bet on lazy reporting. I wish I got a nickel for every error of even the most basic facts in every lazy piece about scouting.

                    Comment


                    • #25
                      Based on what I've read in the petition, they say Council recommended the state park, because it was listed in the OA's "places to camp".

                      A lot of deducing going on by the lawyers. Lazy reporting doesn't help either...

                      Comment


                      • #26
                        Originally posted by koolaidman View Post
                        Based on what I've read in the petition, they say Council recommended the state park, because it was listed in the OA's "places to camp".

                        A lot of deducing going on by the lawyers. Lazy reporting doesn't help either...
                        I know our local Council and District have reviewed various local state parks to see if they meet BSA requirements. I am not sure that would be an endorsement, more than a validation.

                        Comment


                        • #27
                          The chilld is not supposed to die before the parent. They just are not. Supposed to. Die. Before the parent.

                          When it happens, be it from accident, desease, foul play, war, famine whatever,,, the parents often end up wondering.... if it possibly could have been , by any stretch of the imagination, somehow their fault. Was there anything they, the parent could have done to forstall or prevent it? Did they care enough? Did they teach the right things? Feed him the right food? Hold his hand enough? Read him the story he needed to hear ? Send him to school with a warm enough coat? It is impossible to know the grieving necessary for them to go thru unless it has happened to you or to someone close enough to you to know their grief by osmosis.
                          The lawsuit is, I think , not only for punishment and attribution of blame and perhaps education of the offending party, but for some amount of personal penance of the parent: There, I've taken care of things, I've done for my child what I need to do,.

                          The boy was a Scout. I'd like to think we can assume (he was running!) he was an exuberant, eager kid, excited with the fun of the Scouting adventure.

                          Some years ago, I lost a good friend in a mountain climbing accident on Denali in Alaska. The story told was that he lost his life trying to save three other climbers. At his memorial, it was mentioned that he died doing what he loved.
                          Perhaps we can hold on to that idea, that this young boy died doing what he loved.

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                          • #28
                            When I first joined scouts vehicles weren't allowed in camps, unless it was for emergency transport ...

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                            • #29
                              Originally posted by mozartbrau View Post

                              That's what I thought. But in the article it said "For its monthly campout in October 2012, the Sam Houston Area Council decided to use Stephen F. Austin State Park and invited boys and parents from Webelo groups (fourth and fifth grade Cub Scouts) for purposes of recruiting new Scouts, the petition states."

                              They way that can read is that the Council sponsored the event, invited Packs to attend and that Troop was there to help recruit. Perhaps it is reported poorly and the only thing Council did was recommend SFA state park as a location, but the event was up to the Troop. Hard to tell from the article.
                              From what was posted in one of the comments to the article it was a yearly (not monthly) World of Webelos event. Not clear if the Webelos Camporee was district, or councilwide. I would bet district.

                              The young man was with a buddy. He was running around having fun, and obviously not paying enough attention to what was around him.

                              I really do not know what could have been done differently to stop the young man from running into the street from between parked cars. Sadly this exact kind of accident happens every day, on streets across the country. A sad way to be reminded that a street is a street. It does not matter if it is in front of your house, or in a campground.

                              Comment


                              • #30
                                Originally posted by Old_OX_Eagle83 View Post
                                When I first joined scouts vehicles weren't allowed in camps, unless it was for emergency transport ...
                                It was a state park in Texas. From what I have seen roads run through the camp grounds and cars are allowed to park in the camp sites, though no more than 2-3 vehicles per site.

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