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Association for Retarded Citizens-Volusia, Inc. v. Fletcher
Florida District Court of Appeal
741 So. 2d 520 (1999)
In 1992, Sandra Fletcher (plaintiff) arranged for her son, Nathan Wiley (Nathan), to attend a summer camp run by the Association for Retarded Citizens-Volusia, Inc. (ARC) (defendant). Nathan suffered from a severe developmental disability and seizures. At the camp, Nathan suffered a seizure in the swimming pool and had to be resuscitated and taken to a hospital. Nathan died nine days later due to respiratory injuries. Fletcher brought a negligence action against ARC to recover damages for Nathan’s wrongful death. ARC argued that Nathan’s death was caused by negligent medical care provided after the incident, thus absolving ARC of any liability. Fletcher moved for summary judgment on the issue, and the trial court granted Fletcher’s motion. At trial, ARC convinced the court to rehear the argument and presented testimony that Nathan could have been treated at a closer facility. The trial court affirmed the summary judgment in favor of Fletcher, and ARC appealed.
Rule of Law
Holding and Reasoning (Antoon, J.)
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