C.R. v. American Institute for Foreign Study, Inc.

American Institute for Foreign Study, Inc. (Camp America) (defendant) was a corporation that specialized in finding foreign individuals who wanted to work as counselors at American summer camps. Camp America recruited, screened, and made a host of administrative arrangements for the foreigners. For example, Camp America conducted criminal background checks, made visa and travel arrangements, and provided medical insurance. If a foreigner’s placement at an American camp did not work out, Camp America had some ability to control the foreign participant. Individual camps, like Camp Stewart, entered contracts with Camp America to obtain referrals for camp counselors. Camp Stewart relied on Camp America for appropriate vetting, such as reference checking, and paid a premium to Camp America for its services. When C.R. (plaintiff) was eight years old in the summer of 2009, he attended Camp Stewart. C.R. was assigned to stay in a cabin with counselor Scott Zirus, who was referred to Camp Stewart by Camp America. C.R. alleged in a complaint that Zirus sexually molested him at camp. Zirus was then serving a 40-year prison sentence for molesting two other boys during the summer of 2009. C.R. sought damages from Camp America for failing to check Zirus’s references, verify Zirus’s employment history, and carry out an internet search for signs that Zirus was a pedophile. Camp America filed a motion for summary judgment, alleging that it owed no legal duty to C.R. under common law. Camp America had an agreement with Camp Stewart, but the agreement did not cover third parties.