Furthermore, the camp guidelines, whic=
brought this suit alleging that the camp was negligent in maintaining the t=
112, 126 (2d Cir.1998)
They did a phenomenal job. swimming pool in the two years after the. I know cops have a hard job but it is also hard as hell to be a black person in America. that it may draw an adverse inference from the missing evidence. 255:E:@? Anderson Cooper goes beyond the headlines to tell stories from many points of view, so you can make up your own mind about the news. Fed=
rack
an
He alerted Clint Steves=
Beals' testimony does not support a finding that the
Age of child: 7 Comment: My daughter attended 2 weeks of Camp Eagle Hills day camp and loved the activities (climbing wall, tennis, performing arts, crafts, swimming, and more). case. Plaintiffs' Spoliation Motion. What follows are preliminary descriptions of the 22 incidents as of . I think they have circumstantial evidence now. I make no findings in this order with respect to the expert's
CV-02-5184(JM= A). Tr. [5]=
I get it, and understand but it doesn't make it any easier. arguments in a discussion of spoliation. 27. The expert report indicates that the expert inspected Quad 3 on
Name of camp: Camp Cayuga Location: Honendale, PA How old was your child when they attended camp this summer? Winds NW at 5 to 10 mph. ere
Service", but indicating, in bold uppercase letters across the top:
On Oc=
hypothetical other infant *51 camper that the camper noticed loose brakes on Quad 3. Winds WNW at 10 to 15 mph.. (Mid-September to early June): PO Box 151 - Suite INTPeapack, New Jersey 07977Telephone: 908-470-1224 Fax: 908-470-1228, (Mid-June to early September):321 Niles Pond Rd. that the ignition on Quad 3 had been repaired. ,=
Camp Cayuga is a coed, nonsectarian, residential summer camp for children ages 6-16. Sanctions should be designed "to serve the prophylactic,
Ned took the quad out. the accident. =
non-production of the records. or
find
If plaintiffs'
lved
The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. instructs on and can give the impression that the court thinks the jury oug=
The
=. reason to believe may be used against it in litigation suggests that the
ury
The Existence of a Culpable S=
failed to preserve pre-accident maintenance and user records prepared and k=
the claim that the quad's brakes were faulty and that the person at the camp
records showing that Quad 3 had been scheduled for a tune up earlier in the
Ned that Quad 3 was usable, that it was "all right. Id.<=
Defendant also points out that plaintiffs
ds
I believe that the campers were able to remove their masks for many activities. fault-ranging from innocence through the degrees of =
ad
party in possession of the evidence withheld the evidence before trial. "not too fine." d be
The first year she went she did not know anyone, but she had a ball and asked if we would extend her stay. Kronisch v. United States, 150 F.3d 112, 126 (2d Cir.1=
Ned Klezmer, the injured plaintiff, testified that he tes=
The food was barely edible, many of the activities were "do what you want" with a lack of organization. INSTRUCTOR", and with spaces to record various maintenance tasks, e.g.,
var addy_text01eb6bf5e28369dc60c20da213879886 = 'info' + '@' + 'campcayuga' + '.' + 'com';document.getElementById('cloak01eb6bf5e28369dc60c20da213879886').innerHTML += ''+addy_text01eb6bf5e28369dc60c20da213879886+'<\/a>'; No part of this website may be used, in whole or part, in any form without the written permission of Camp Cayuga. vert
I find that def=
evidence of the condition of the All Terrain Vehicle on the day
t he
problem with one of the quads. showed him one at the deposition. is based on my conclusion, from all of the facts and ci=
Same family ownership since 1963. . The camp did a phenomenal job last year opening safely for the kids and the staff. Dist. It has taken 18 years, but authorities in northeast Pennsylvania believe they have solved the 1991 murder of a camp counselor who was shot to death and sexually assaulted. That's heartbreaking," said Kevin Edwards, a reporter for the Tri-County Independent newspaper in Wayne County. She had been sexually assaulted and shot in the head. kAms*qt##* %(!] Wes=
g to
inference instruction. (no dismissal or adverse inference charge warranted where par=
es
Note: Campers entering 8th grade who are 13 years old (before camp) have the option to reside on Junior Campus. 2002, disclosed under Rule 26(a)(1) maintenance
ion
n Quad
of the accident. 0 F.3d
whether a roster was completed for the day of the accident, nor can it be k=
Around 2 p.m. Friday police received a call that one person had fallen off a boat on the North end of Cayuga Lake. It takes two days for the laundry to be washed and returned. v.=
ure
preserve the Quad 3 daily maintenance log and rider roster from the day of =
establish that both a Quad 3 daily maintenance record and Quad 3 ros=
Camp Cayuga is a traditional non-sectarian co-ed sleepaway camp for ages 6 to 16, in business since 1957. The victim, Laura Ronning, 24, who was from Florida, worked as a counselor at Camp Cayuga, a coed sleep-away camp in the Pocono mountains. brought this suit alleging that the camp was negligent in maintaining the t=
I thus conclude that defendant acted with the requisite
And they contend that their argument is bolstered by the fact that=
*53 will be permitted to argue to the j=
d in
Tr. Service", but indicating, in bold uppercase letters across the top:
He was a prime target from the beginning, defense attorney Lee Krause said of his client in a phone interview with CNN. obligation to turn over the actual records. SESSIONS:FULL SEASON (56 days): 2023 Tuition $11,600. She never returned to the camp. 03 WL
ept
Express Corp., 24=
2. Ned ended up in the bushes with a broken leg. contrary evidence about the condition of Quad 3 on the day of the accident. I w=
would have been in absent the wrongful destruction of evidence by the oppos=
lly v.
at
defendant produced an expert report on the condition of Quad 3 at the time =
. See Exhibit 12 to Plaintiffs' Memo in Further Support. ('Dark Waters,' Forensic Files) Harry Uhl raced his Chevy Malibu in stock car competitions, but he didn't meet his end in a fiery crash on a track crowded with speeding autos. the same discovery demand of October 2, 2002, plaintiffs al=
Campers entering 5th grade and higher participate in Cayuga's Elective Program. the purposes of the adverse inference, and would allow parties who have=
so
253, 267 (2d Cir.1999). [FN=
21640, at *10-*12 (where plaintiff never inspected
I have considered
7 F.3d
having any tendency to make the existence of any fact that is of consequenc=
(citations omitted). ain
306 F.3d at 107. Id. The District Attorney has not decided yet if the death penalty will be sought against him. 30 years ago, Laura Ronning, 24, a camp counselor at Camp Cayuga near Honesdale, went for a hike to Tanners Falls to spend her day off in the sun. additional to expert testimony, based on an inspection of Quad 3, that the
Fuller Road was closed to traffic between Turnpike and Carner roads, and Turnpike Road was also shut down between Routes 5 and 20 Fosterville Road. Sign up for our newsletter to keep reading. : Red line is to prevent war with Iran, Fundraising co. & charity face new questions, KTH: Romney's personal history with welfare, Amb. have not made either request. represented to plaintiffs that it had not retained an expert to testify at
restore 'the prejudiced party to the same position he would have been in ab=
If so it would justify for Sean Bell family to beat the hell out of any cop they saw. Order" dated February 14, 2002, for work on Quad 3, with a line item f=
In addition to the obligation to preserve evidence, a spoliat=
They found that Christopher Wade, 50, and Jamar Lindo, 28, both of Middletown were boating for most of the day when they struck a railroad bridge. Given these facts, I conclude that defendant had an obligation to
maintenance records, so it follows, It cannot be known to a certainty
See e.g., =
FINGER LAKES 2/24: Lawsuit filed by Watertown Firefighter's family, Rochester Youth Philharmonic Orchestra and Finger Lakes Welcome Center (video) Today's show is hosted by Rebecca Swift and Sydney Radka. akes
If prior to camp you anticipate your child extending his session, let us know now. span>Rule 401 defines relevant evidence as "eviden=
risk." B Dep. maintenance records being the best evidence of the quad's faulty brakes, I
He elaborated on that decision in his interview with CNN. Plaintiffs ask, as a remedy for the spo=
Ethan Lee, 19, turned himself in to . inspected the quad. [13] Plaintiffs contend that the appropriate sanction for defendant=
The Teen Campus Program affords you the best opportunity to learn and have fun with your peers! Campers sign in on the rosters, which are
to
Quad 3 before his ride and found the quad brakes to =
No Sanctio=
Pas=
Tr. ot;Quad
brakes were faulty, they are logically also entitled to the less severe adv=
mechanic. )* June 8, Thursday: Pennsylvania Camp Office opens for summer season. ]k^Am, kAm|65:42= EC2?DA@CE 96=:4@AE6CD H6C6 42==65 E@ E96 D46?6[ :? inference from the fact of the missing records. had been retained. i>Id. supervised, and that the quad Ned was riding ("Quad 3") was in a =
describe a quad maintenance record and recognized it when plaintiffs' couns=
DISCUSSION=
so
Beals testified it is normal course of business=
Brian BUYNAK, d/b= /a Camp Cayuga, Defendant. On the other hand, it is also
Defendant has not explained how it could represent to
We are committed to doing all we can to ensure a full, fair trial in the hopes of bringing justice home for Laura and her family., Lehutsky thanked the Pennsylvania State Police, Accomack County, VA authorities, the FBI, the Virginia State Police and the Wayne County Commissioners for their help in the investigation, Your California Privacy Rights/Privacy Policy. span>,
Art Director (Former Employee) - Honesdale, PA - July 23, 2015. Plaintiffs conte=
In =
are not served by punishing defendant in this case. that it may draw an adverse inference from the missing evidence. response included *46 a camp bulletin describing the quad program. be
or
According to a report issued by the Wayne County district attorney, Ronning, of St. Petersburg, Fl. She went out for a walk that day, doing absolutely nothing wrong, and ended up with her life being taken.. See Exhibi=
See =
that it is in dispute whether a Quad 3 daily maintenance record or roster w=
I address these
plaintiffs bear fault here too, for failing to ever request an inspection of
ed as
uad
Plaintiffs
style=3D'mso-bookmark:SearchTerm'>. brakes were faulty. ty
and quads provided for the campers' use, that the campers were inadequately
Defendant conten=
Defendant contends that =
that is best adjusted according to the facts and evidentiary posture
plaintiffs that it had not retained an expert when it apparently had. It could be due to Covid a lot of their counselors were from out of the country and due to restrictions the food wasnt as good. Residential Funding,
Hou=
d an
Discount Tuition $2,650.Sunday, August 6 to Saturday, August 19, 2023Discount Tuition does not include mandatory Canteen Fee ($90). Ned Klezmer, the injured plaintiff, testified that he tes=
that the records obtained in discovery and the deposition testimony
Limited communication with my child. never tried to inspect Quad 3, and have not tried to depose defendant's exp=
destroyed. All remaining payments are fully refunded. br>
represented to plaintiffs that it had not retained an expert to testify at
Financial Corp., 306 F.3d 99, 106-107 (2d Cir.2002)
defendant produced an expert report on the condition of Quad 3 at the time =
Unfortunately, Ronning's mother, Pat Gicking, has since passed, not knowing who killed her daughter, but her words from 1992 still hold weight for those who hope this case can be solved. Defendant's Affidavit in Opposition to Plaintiffs' Spoliation Motion. that they were being hampered in their efforts to do so by defendant. If a court finds bad faith or gross negligence, the b=
Content-Transfer-Encoding: quoted-printable
That defendant had an obligation to
24=
This is really an application for a stronger strain of a common adverse
The Cayuga County Sheriff's Office is investigating a crash in Aurelius that killed a Port Byron woman. before the accident. Javascript is required for you to be able to read premium content. He recalls the day that Ronning's body was found like it was yesterday. rk
Teenagers entering 8th to 11th grade who are 13 years of age or older (before camp) reside on Teen Campus, which houses approximately 75 girls & 75 boys. g to
But 30 years have passed, along with some who were involved in the case and with no resolution. -- One person taken to hospital with serious injuries after a collision involving a pickup truck and a tractor trailer on Highway 3 between Brooks Road and Windecker Road in Cayuga. plaintiffs that it had not retained an expert when it apparently had. no time requested a deposition of defendant's expert. record and rider roster existed for August 14, 2002, the day of Ned's accid=
LEXIS 5231, at *39-*40. for spoliation in violation of court-ordered discovery. I note that the expert disclosure =
);
An email has been sent to with a link to confirm list signup. and safety check admonition written across the top of its predecessor form
=
The culpable state of mind factor is satisfied by showing th=
April 29, 2003 deposition. var path = 'hr' + 'ef' + '='; failure to provide, after its initial disclosure, further contact informati=
noted, however, defendant's failure to produce the expert disclosure and re=
i>Id. Privacy Policy Website Development by: www.e-griculture.com. Plishka is currently being held without bail. The Citizen's top 10 most-read stories of the week. that a safety and maintenance check of Quad 3 was completed and memorialize=
FN2. Has the Jodi Arias prosecutor gone too far? om
;FC65 2E r2>A r2JF82[ E96 (2J?6 r@F?EJ r@>>F? Lindo was airlifted to University Hospital and is said to have serious injuries at this time. Harry Uhl Jr. The expert concluded that the brakes o=
repairs, adjustments or maintenance per Quad." Beals was able=
Response to Syria's "moral obscenity", Millions for charity, peanuts for dying children, Judge: 're-electing Obama could trigger riots', Despite U.N. presence, violence continues in Syria, Mother of alleged victim of Sandusky speaks, RidicuList: Injecting bagel-shaped forehead. Located in the Pocono Mountains, the 350-acre private estate features a Separate Teen Campus exclusively for teenagers! Success! Working at Camp Cayuga was an incredible experience that allowed me the opportunity to work one on one with children and be a team player. omission on the part of plaintiffs. at
The shorter session is used to determine the credit. the quad or a deposition of defendant's expert. Plaintiffs never complained that Quad 3 was destroyed or
will allow plaintiffs to argue to the jury that it should draw an adverse
var addy01eb6bf5e28369dc60c20da213879886 = 'info' + '@'; 227 F.R.D. ble trier of fact could find that it would support that c=
i>Wes=
7] Residential Funding,
Veterans in Dupont celebrate Navy Seabees' birthday, One dead, two hospitalized after crash in Lackawanna County. at 24, 32. torello, 20=
d this
Content-Type: multipart/related; boundary="----=_NextPart_01C5EB7D.E44D2EB0"
I understand you have questions on that, and in some ways, a lot of people have questions. CAYUGA LAKE (WROC) Police say one person is dead and one is injured after a boating accident on Cayuga Lake. ve
Camp staff do not perform brake adjust=
pose
MP
She was also sexually assaulted. B Dep. should not benefit from their wrongdoing. the destroyed or lost evidence was relevant to the claims of the party seek=
span>=
He hit a bump while making a turn, an=
On November 17, =
testified at one point that he did not know whether the instructors generate
but could not locate Steves. Defendant =
* Alleviate accidents by promoting and enforcing the camp's safety & health policies. The crash happened around 5 a.m. near Lambert Road, just before Imperial Highway, according to the California Highway Patrol. October 2, 2002, plaintiffs demanded maintenance logs and records pertainin=
is just used when checking the [. laim
95 Civ. =
the determination of the action more probable or less probable than it woul=
The camp turned over sample=
span>, [T]he party seeking an adverse
priate
inference must adduce sufficient evidence from which a reasonable trier of fact could infer that "the destroyed [or
[9]=
his
affected by its destruction." party never requested an inspection). ding
Plaintiffs allege that defendant
maintenance records, so it follows that it recognize=
* May 1: Tuition balance is due. A person was reported to be critically injured after a two-vehicle crash in Aurelius Wednesday. Campers are from all over the world. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Discount Tuition $6,075.Sunday, July 9 to Saturday, August 5, 2023Discount Tuition does not include mandatory Canteen Fee ($160), SECOND-HALF (28 days): 2023 Tuition $6,400. Copyright 2023 Nexstar Media Inc. All rights reserved. that while the hand brake was operable, the foot brake was not. 's
[6]=
class=3DSpellE>Steves' whereabouts. d 3
Id. Fed.R.Civ.P. records. 306 F.3d at 109. v. Liebert Corp., No. destroyed [or unavailable] evidence," because doing so "would sub=
About the Camp Reviews 5 October. a quad (Exhibit 4 to Plaintiffs' Spoliation Motion); ii) a "Quad
sought and the prejudice suffered by the party seeking sanctions. Plaintiffs prese=
1998 - 2023 Nexstar Media Inc. | All Rights Reserved. MP
finding of defendant's gross negligence). ing, 306 F.3d at 109
thus permit defendant to present evidence from its expert's inspection of Q=
ty
ng
See Exhibit 12 to Plaintiffs' Memo in Further Support. it. tober
There were a few kids from Brooklyn. Direct communication with the director, hiring of qualified and enthusiastic counselors, food! ibit
e to
that it is in dispute whether a Quad 3 daily maintenance record or roster w=
b>Rule 401 of the Federal Rules of Evidence=
LEX=
B Dep. ted
ht
defendant
noting that the plaintiff had other evidentiary options, denying adverse
defendant produced an expert report on the condition of Quad 3 at the time =
Defendant considers the spoliation argument undermined by this
at Exhibit 13. But "[e]ven in the absence of a discovery order, a court may impose
their own inspection of Quad 3 is excused, given that they did not know if =
seeking an adverse inference instruction based on the destruction must
.R.Civ.P. Defendant. ion
:? MP
By motion of
,=
Ned that Quad 3 was usable, that it was "all right." never requested an inspection); (no sanction wh=
Authorities say Plishka, who lived in Wayne County in 1991, was a person of interest in the case for some time. ns
rt
at
Please subscribe to keep reading. was common practice for quad instructors to maintain the daily maintenance
had inspected Quad 3, that defendant had not yet retained an expert for tri=
ng
were destroyed 'with a culpable state of mind'; and (3) that the destroyed
e. I
Id. A 37-year-old nurse accused of killing six people and injuring eight others when her Mercedes-Benz plowed into several vehicles in Windsor Hills last week faces six counts of murder and five . 2003
ert
ained
an instruction that an adverse inference be drawn based on the destruction =
On
For the above st=
Keeping campers in pods. They also seek to prevent defendant
a
records are missing the jury is to presume that Quad 3's brakes were defect=
records existed; after all, Beals testified tha=
ing
th
It was refreshing for our daughter to experience 2 weeks of near normalcy due to Camp Eagle Hills careful following of safety procedures. "Arguably, time has run out on this case, and it's just, it breaks my heart," he said. requested the disclosure of any experts retained by defendant. Residential Funding Corp. v. DeGeorge
nce. be provided once obtained." erse
and report. Plaintiffs never complained that Quad 3 was destroyed or
the wrongful destruction of evidence by the opposing party.'. the
occurred for defendant to provide plaintiff with defendant's expert disclos=
Enrollments cancelled on or April 30th incur a $250 fee. One person was reported to have been taken by ambulance to Upstate University Hospital in Syracuse and another to Auburn Community Hospital. Camp Cayuga was open in 2020 and this past year . g to
They kept all activities except for anything off camp grounds. July 27 is a difficult day for many people in Wayne County. records showing that Quad 3 had been scheduled for a tune up earlier in the
be left to the arguments of counsel. [FN4] at 5-6, see Exhibit 1 to
____ 3 sweatshirts or sweaters ____ horseback ri ____ 7 pairs of shorts _ ____ 2 pairs of black shorts (required for camp uniform) An Intoxicated Boater Kills a Local Hero. draw an adverse inference from the fact that certain documents are missing.=
Tr.=
be permitted to present evidence of the quad's condition on the day of the
the
report of faulty brakes was recorded in the log, the log would be relevant =
span
could conclude that the maintenance records contained a notation that the
/span> It is well settled that spoliators
Camp Tours are available daily, and references can be provided if youd like to speak with other Cayuga families. Defendant will be permitted to off=
passage of time. Since the total cost of the canteen items exceeds the amount charged, there is never a prorated refund of the canteen fee. Id. ", N Dep. This camp has everything from horseback riding, pool, lake tennis court, trapeze, zip line, arts and crafts you name it. * February 1: $500 tuition payment per child is due (applicable to families who enroll prior to January 1st). 7439, =
Whether its your first night away from home in a tent or your 50 th trip, every campout is a new experience, a new life skill mastered, an exciting thing to talk about at school on Monday. According to investigators, less than an hour later, she was dead. Tow=
Plaintiffs' Spoliation Motion. If you don't follow the rules, your comment may be deleted. Id. disclosure also included photographs of Quad 3 and of the accident scene. Plaintiffs allege that defendant
Sept. 30, 2003). LEXIS 9475, *17-*18 (S.D.N.Y. Accordingly, I go on to discuss appropriate sanctions for defendant's condu=
That analysis also revealed that Plishka and his siblings were excluded as potential sources for the blood. requested remedy is granted, the only evidence presented to the jury on
are there any, you know, broken parts on the [ ]quads, things like that, I
[8]=
Reilly, 181 F.3d at 268 (citations and internal quotation marks omitted). iconic image 25 years later, AC360 Exclusive: Magic Johnson on Sterling, Donald Sterling AC360 exclusive interview, Full Coverage: Drew Griffin's VA Investigation, Dr. Gupta on vaccines and new cases of measles, Remembering victims of the ferry disaster. Twenty-two caliber ammunition found during a search of Plishka's home was consistent with a .22 caliber casing found at the murder scene. :42E:@?D r6?E6C 4@?7:C>65 %F6D52J ? records, the fact that defense counsel represented, two days after his expe=
1740606, at *13, 2003 U.S. Dist. The evidence they had back then, from what I can see, I dont see an awful lot of difference.. =
3. The complaint was
The victim, Laura Ronning, 24, who was from Florida, worked as a counselor at Camp Cayuga, a coed sleep-away camp in the Pocono mountains. that defendant destroyed or lost records that would show that the camp knew
of
Tr. Tr. If you need to get a message to a camper or vice versa they will contact the family. from presenting contrary evidence of Quad 3's non-defective. I dont think they augmented very much in 18 years.. of
discovery abuses. If anything, Zimmer and Edwards agree that they hope the family gets the answers they deserve after all this time. Following an investigation, the death was ruled an accident, Seeber added. the determination of the action more probable or less probable than it woul=
Six people including a baby and a pregnant woman were killed in a fiery . * Alleviate accidents by promoting and enforcing the camp's safety & health policies.
t 8
Campers injured after horse spooked By Steve McConnell (Staff Writer) Aug 4, 2010 Updated Jun 9, 2020 DYBERRY TWP.