Iowa to pay $2.1m for brain damaged boy, supervision failure alleged, whoa

Griffen vs State of Iowa is as much about a mother’s love for a son as it is about legal concepts having to do with proper supervision. This mother, Vinnell Griffen deserves Purple Heart for hers being broken.
Today’s music is Daughtry, Life After You, because this is one mother who would stop at nothing.
http://www.youtube.com/watch?v=Cvm2OYF2p7E&ob=av3e
Here is what the Iowa Supreme Court wrote about the facts in the record, University of Northern Iowa (UNI) runs a program called Camp Adventure Youth Services (“Camp Adventure”).   UNI sends university students overseas to conduct and supervise summer camps for military children living outside of the United States on military bases.  On June 25, 2003, ten-year old Blake Jermon was participating in a Camp Adventure sports program in Hanau, Germany and went to a German municipal swimming pool and almost drowned.  Jermon sustained serious injuries as a result of the incident and died three years later during surgery to correct problems related to those injuries.

His mother, Vinnell Griffen, as administrator of her son’s estate and individually, brought suit against the State of Iowa under the Iowa Tort Claims Act (ITCA), Iowa Code chapter 669, alleging the State was
negligent in failing to administer and manage the Camp Adventure program, failing to properly train and supervise Camp Adventure employees, and failing to properly supervise Jermon. 
Aside from the mother’s undying love for her son, this case demonstrates legal persistence and tenacity to the nth degree. The case was first filed in 2005 it got settled seven years later for what is reportedly $2.1m dollars. The plaintiff’s attorney of record is Pressley Henningsen. I’m sure there were more attorneys from Riccolo & Semelroth involved, but we’ll go with Pressley today. There were at least two motions to dismiss, a motion for summary judgment, a motion for partial summary judgment and an appeal to the Iowa Supreme Court. During the course of the litigation two judges were specifically assigned to the case at two different times. Well done Pressley. Before the case finally settled it was sold old it had been cited by the Iowa Supreme Court in a later decision. (See Berry vs Liberty Holdings, Inc., No. 10-0094, September 9, 2011) Taking nothing away from Pressley, in the area of workers’ compensation probably the only lawyer who is more stubborn is Mark Soldat. To quote the last line of Vinnell Griffen vs State of Iowa … All justices concur ….
Let’s conclude with3 Doors Down, Here Without You
http://www.youtube.com/watch?v=kPBzTxZQG5Q&feature=related
Venue: Black Hawk County, Iowa, filed August 1, 2005.
District Court Docket Number: 01071  LACV096157
Iowa Supreme Court, No. 07-1262, June 26, 2009.  The dismissal of the wrongful death suit was reversed and remanded back to the lower court.
FACTS: (Per Iowa Supreme Court decision) I.  Facts and Prior Proceedings.
University of Northern Iowa (UNI)  runs a program called Camp Adventure Youth Services (“Camp Adventure”).   UNI sends university students overseas to conduct and supervise summer camps for military children living outside of the United States on military bases.  On June 25, 2003, ten-year old Blake Jermon was participating in a Camp Adventure sports program in Hanau, Germany and went to a German municipal swimming pool and almost drowned.  Jermon sustained serious injuries as a result of the incident and died three years later during surgery to correct problems related to those injuries.
His mother, Vinnell Griffen, as administrator of her son’s estate and individually, brought suit against the State of Iowa under the Iowa Tort Claims Act (ITCA), Iowa Code chapter 669, alleging the State was
negligent in failing to administer and manage the Camp Adventure program, failing to properly train and supervise Camp Adventure employees, and failing to properly supervise Jermon.  The State filed a motion to dismiss, asserting the  ITCA has no extraterritorial applicability.  The district court granted the motion, concluding the ITCA “has no applicability here.”  Griffen appealed, asserting the district court has jurisdiction for claims occurring outside of Iowa under the ITCA.

Filings Title: V GRIFFEN VS STATE OF IOWA Case: 01071 LACV096157 (BLACK HAWK) Citation Number:
Event	Filed By	Filed	Create Date	Last Updated	Action Date
OTHER ORDER	STAUDT DAVID F	03/27/2012	03/28/2012	03/28/2012
Comments: APPROVING SETTLEMENT
OTHER APPLICATION	MOELLER JOANNE	03/27/2012	03/28/2012	03/28/2012
Comments: FOR ORDER APPROVING SETTLEMENT
MOTION	HENNINGSEN PRESSLEY WADE	03/19/2012	03/20/2012	03/20/2012
Comments: FOR EXTENSION TO FILE COMBINED CERTIFICATE
TRANSCRIPT PREPARED BY CLERK		03/13/2012	03/13/2012	03/13/2012
Comments: MAILED CERT COPIES OF NOA & DOCKET TO ATTYS, COURT REPORTERS
& SUPREME COURT
NOTICE OF APPEAL	HENNINGSEN PRESSLEY WADE	03/09/2012	03/12/2012	03/12/2012
NOTICE	HENNINGSEN PRESSLEY WADE	03/09/2012	03/12/2012	03/12/2012
Comments: TO THE COURT
OTHER ORDER	DRYER ANDREA	02/17/2012	02/20/2012	02/20/2012
Comments: DOCS TO BE MARKED AS CONFIDENTIAL
OTHER ORDER	CT ADMIN OFFICE	02/15/2012	02/17/2012	02/17/2012
Comments: REVIEW - 4/30/12 AT 9:00 AM
OTHER ORDER	DRYER ANDREA	02/15/2012	02/17/2012	02/17/2012
Comments: CASE TO BE REVIEW 4/30/12 AT 8:30 AM
MOTION	MOELLER JOANNE	02/13/2012	02/14/2012	02/14/2012
Comments: FOR PROTECTIVE ORDER
ORDER SETTING HEARING	DRYER ANDREA	02/10/2012	02/14/2012	02/14/2012
Comments: 2-17-12 AT 9 ON MOTION RECONSIDER
OTHER ORDER	DRYER ANDREA	02/10/2012	02/14/2012	02/14/2012
Comments: RULING ON DEFT'S 12-23-11 SUPPLEMENTAL MOTION FOR PARTIAL
SUMMARY JUDGT - DENIED
ORDER FOR JUDGMENT	DRYER ANDREA	02/10/2012	02/14/2012	02/14/2012
Comments: DEFT SECOND MOTION SUMMARY JUDGT IN FAVOR STATE GRANTED
RESISTANCE	HENNINGSEN PRESSLEY WADE	02/10/2012	02/10/2012	02/10/2012
Comments: TO SECOND MOTION TO DISMISS
RESISTANCE	MOELLER JOANNE	02/10/2012	02/10/2012	02/10/2012
Comments: TO MOTION TO RECONSIDER RULING FROM 8/29/11
OTHER EVENT	HENNINGSEN PRESSLEY WADE	02/10/2012	02/10/2012	02/10/2012
Comments: SUPPLEMENTAL MOTION TO STRIKE
MOTION	HENNINGSEN PRESSLEY WADE	02/08/2012	02/08/2012	02/08/2012
Comments: FOR SANCTIONS
MOTION	HENNINGSEN PRESSLEY WADE	02/08/2012	02/08/2012	02/08/2012
Comments: TO RECONSIDER
MOTION TO DISMISS	MOELLER JOANNE	02/07/2012	02/08/2012	02/08/2012
OTHER EVENT	MOELLER JOANNE	02/06/2012	02/08/2012	02/08/2012
Comments: RESPONSE TO MOTION TO STRIKE
COURT REPORTER MEMORANDUM AND CERTIFICATE	MALAISE SUSAN L	02/06/2012	02/07/2012	02/07/2012
Comments: MOTION FOR SUMMARY JUDGMENT - 1 DAY
APPEARANCE	THOMPSON JEFFREY SCOTT	02/03/2012	02/07/2012	02/07/2012
MOTION TO STRIKE	HENNINGSEN PRESSLEY WADE	01/27/2012	01/30/2012	01/30/2012
Comments: SECOND
MOTION TO STRIKE	HENNINGSEN PRESSLEY WADE	01/27/2012	01/30/2012	01/30/2012
ORDER SETTING HEARING	DRYER ANDREA	01/23/2012	01/23/2012	01/23/2012
Comments: ON MOTION FOR PARTIAL SUMMARY JUDGMENT - 2/02/12 AT 9:30 AM
OTHER EVENT	MOELLER JOANNE	01/09/2012	01/10/2012	01/10/2012
Comments: AMENDMENT TO SUPPLEMENTAL MOTION FOR PARTIAL SUMMARY
JUDGMENT
OTHER EVENT	HENNINGSEN PRESSLEY WADE	01/06/2012	01/10/2012	01/10/2012
Comments: MEMO OF AUTHORITIES IN SUPPORT OF RESISTANCE TO MOTION FOR
SUMMARY JUDGMENT
OTHER EVENT	HENNINGSEN PRESSLEY WADE	01/06/2012	01/10/2012	01/10/2012
Comments: RESPONSE TO STATEMENT OF FACTS
RESISTANCE	HENNINGSEN PRESSLEY WADE	01/06/2012	01/10/2012	01/10/2012
Comments: TO PARTIAL MOTION FOR SUMMARY JUDGMENT
COURT REPORTER MEMORANDUM AND CERTIFICATE	MALAISE SUSAN L	01/05/2012	01/06/2012	01/06/2012
Comments: MSJ - 1 DAY
OTHER EVENT	MOELLER JOANNE	12/30/2011	01/04/2012	01/04/2012
Comments: RESPONSE TO RESISTANCE TO MOTION FOR SUMMARY JUDGMENT
PROCEDENDO		12/23/2011	12/27/2011	12/27/2011
Comments: 11-1553; APPEAL IS CONCLUDED
MOTION FOR SUMMARY JUDGMENT	MOELLER JOANNE	12/23/2011	12/27/2011	12/27/2011
OTHER ORDER	HARRIS BRADLEY JOHN	12/09/2011	12/12/2011	12/12/2011
Comments: JUDGE DRYER IS SPECIALLY ASSIGNED TO CASE
OTHER EVENT	LEKAR KELLYANN M	12/07/2011	12/08/2011	12/08/2011
Comments: APPLICATION FOR INTERLOCUTORY APPEAL IS DENIED
APPEARANCE	SMITH TYLER MURRAY	12/02/2011	12/06/2011	12/06/2011
ORDER SETTING HEARING	BOWER THOMAS N	11/14/2011	11/16/2011	11/16/2011
Comments: 1/03/12 AT 1:30 PM
ORDER FOR CONTINUANCE UNDER SECTION 1.944	BOWER THOMAS N	11/14/2011	11/16/2011	11/16/2011
OTHER EVENT	HENNINGSEN PRESSLEY WADE	11/01/2011	11/02/2011	11/02/2011
Comments: MEMO IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
OTHER EVENT	HENNINGSEN PRESSLEY WADE	11/01/2011	11/02/2011	11/02/2011
Comments: STATEMENT OF FACTS
RESISTANCE	HENNINGSEN PRESSLEY WADE	11/01/2011	11/02/2011	11/02/2011
Comments: TO MOTION FOR SUMMARY JUDGMENT
MOTION FOR SUMMARY JUDGMENT	MOELLER JOANNE	10/21/2011	10/24/2011	10/24/2011
OTHER ORDER	HARRIS BRADLEY JOHN	10/18/2011	10/19/2011	10/19/2011
Comments: JUDGE BOWER SPECIALLY ASSIGNED TO CASE
ORDER SETTING HEARING	HARRIS BRADLEY JOHN	10/18/2011	10/19/2011	10/19/2011
Comments: ON MOTION TO COMPEL - 11/18/11 AT 9:00 AM
RESISTANCE	HENNINGSEN PRESSLEY WADE	10/07/2011	10/10/2011	10/10/2011
Comments: TO MOTION TO COMPEL
MOTION TO COMPEL	MOELLER JOANNE	10/03/2011	10/04/2011	10/04/2011
MOTION	HENNINGSEN PRESSLEY WADE	09/30/2011	10/03/2011	10/03/2011
Comments: TO REMOVE CASE FROM 1.944
OTHER ORDER	STAUDT DAVID F	08/29/2011	08/31/2011	08/31/2011
Comments: MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED
OTHER EVENT	HENNINGSEN PRESSLEY WADE	05/31/2011	06/01/2011	06/01/2011
Comments: RESPONSE TO STATEMENT OF FACTS
RESISTANCE	HENNINGSEN PRESSLEY WADE	05/31/2011	06/01/2011	06/01/2011
Comments: TO CROSS MOTION FOR SUMMARY JUDGMENT AND REPLY TO DEFTS
RESISTANCE
RESISTANCE	MOELLER JOANNE	05/24/2011	05/24/2011	05/24/2011
Comments: TO PARTIAL MOTION FOR SUMMARY JUDGMENT
ORDER SETTING HEARING	BOWER THOMAS N	05/12/2011	05/16/2011	05/16/2011
Comments: ON MOTION FOR SUMMARY JUDGMENT - 7/14/11 AT 10:30 AM
OTHER EVENT	HENNINGSEN PRESSLEY WADE	05/09/2011	05/10/2011	05/10/2011
Comments: MEMO IN SUPPORT OF PARTIAL MOTION FOR SUMMARY JUDGMENT
OTHER EVENT	HENNINGSEN PRESSLEY	05/09/2011	05/10/2011	05/10/2011
Comments: STATEMENT OF FACTS
MOTION FOR SUMMARY JUDGMENT	HENNINGSEN PRESSLEY	05/09/2011	05/10/2011	05/10/2011
ORDER SETTING TRIAL	CT ADMIN OFFICE	11/18/2010	11/22/2010	11/22/2010
Comments: 2/21/12 AT 9:00 AM
ORDER FOR TRIAL SCHEDULING CONFERENCE	BOWER THOMAS N	11/01/2010	11/05/2010	11/05/2010
Comments: 11/17/10 AT 2:30 PM; MOTION TO CONTINUE IS GRANTED
MOTION FOR CONTINUANCE	MOELLER JOANNE	10/21/2010	10/26/2010	10/26/2010
OTHER EVENT	HENNINGSEN PRESSLEY	10/21/2010	10/22/2010	10/22/2010
Comments: CONSENT TO DEFENDANT'S MOTION TO CONTINUE TRIAL
APPEARANCE	SMITH TYLER MURRAY	10/07/2010	10/11/2010	10/11/2010
OTHER EVENT	MOELLER JOANNE	05/07/2010	05/07/2010	05/07/2010
Comments: DESIGNATION OF EXPERTS
OTHER EVENT		05/05/2010	05/07/2010	05/07/2010
Comments: DESIGNATION OF EXPERTS
OTHER EVENT	HENNINGSEN PRESSLEY	02/01/2010	02/02/2010	02/02/2010
&nbs Category: Pedestrian Collisions Causing Injury and Death Labels: brain damage child failure to properly supervise iowa Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com ) There are no comments. Post a comment Post a Comment to "Iowa to pay $2.1m for brain damaged boy, supervision failure alleged, whoa" To reply to this message, enter your reply in the box labeled "Message", hit "Post Message." Name:* Email:* (will not be published) Website: Message:* Notify me of follow-up comments via email. Tweet