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Attorney won a motion to dismiss filed in lieu of an answer thereby dismissing all claims filed against the defendant for catastrophic injuries suffered by a minor in a drowning accident

Attorney won a motion to dismiss filed in lieu of an answer thereby dismissing all claims filed against the defendant for catastrophic injuries suffered by a minor in a drowning accident. The minor plaintiff, who was being supervised and instructed by her school, was utilizing the swimming pool at the defendant's facilities, based upon a membership that school had with the defendant. Plaintiff began to drown and "but for" the actions of the defendant's lifeguards, the minor plaintiff would have died. The minor plaintiff, who is presently 17 years old, was 14 years old at the time of the accident, and is in a permanent vegetative state. The school filed a Third-Party Complaint against defendant, alleging negligence and negligent supervision. In response to the motion to dismiss, which analyzed the protection of immunity afforded the third party defendants vis-a-vis the Charitable Immunity Statute, the State filed a motion seeking to amend the Complaint to include allegations of gross negligence. Directly after the completion of the depositions of the defendant's employees, the motion to dismiss was supplemented to include arguments that there are no facts to support a claim of gross negligence. The court agreed with the legal arguments and analysis thus dismissing all claims against defendants.

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