Six-year-old girl drowned at Shenandoah beach park facility – $1,000,000 Settlement

The family of the plaintiff’s decedent traveled to Half Moon Beach Park, a commercial outdoor recreational facility in Shenandoah County. The decedent, age 6, drowned in the park’s swimming area, in a shallow roped-off section designated for non-swimmers and young children. The drowning occurred in the presence of lifeguards employed by the defendants.

The property where the beach park was located was owned by Dunmore Land LLC. Its predecessor entity, Strasburg Land LLC, had previously leased the beach park to defendant

Skyline Paintball Inc. At issue was whether the beach park was still under lease to Skyline Paintball Inc. Also at issue was who operated the beach park, and which defendants were involved to what extent in its operation.

Depositions of over 30 fact witnesses and six of plaintiff s expert witnesses were taken. The case was originally set for a five-day jury trial in March 2011. Counsel for the defendants moved for a continuance of the trial date and, in order to obtain the continuance, submitted the estate of Leo Bernstein to the jurisdiction of the court. This was done for the purpose of tolling any statute of limitations against the estate in connection with plaintiff’s allegations seeking to pierce the corporate veil of Half Moon Beach Park Inc. in order to reach assets of its sole shareholder. The court granted the continuance requested by the defendants and scheduled a three-week trial in October 2011.

The wrongful death case was settled at mediation before Judge John McGrath Jr. on April 5, 2011, with $500,000 contributed by Scottsdale Insurance, insurer for Half Moon Beach Park; $75,000 contributed by Philadelphia Indemnity, insurer for Skyline Paintball Inc.; and $425,000 contributed by AIG, insurer for Strasburg Land LLC. There were coverage issues regarding the policy covering Skyline Paintball Inc. The global settlement reached at mediation for the sum of $1,000,000 was approved by the Shenandoah County Circuit Court on June 9, 2011. A portion of the recovery was structured.

[12-T-201]

Type of action: Premises liability – drowning of 6-year-old
Name of case: Hansen v. Half Moon Beach Park, Inc., et al.
Resolved before: Mediation
Mediator: John McGrath, Jr.
Date: April 5, 2011
Verdict or settlement: Settlement
Amount: $1,000,000
Attorney for plaintiff: Richard A. Dulaney, Culpeper
Attorneys for defendants: Carol T. Stone (Half Moon Beach Park, Inc.); Danielle D. Giroux (Skyline Paintball Inc.); John L. Cooley (Strasburg Land LLC); Gregory St. Ours (Strasburg Land LLC and Dunmore Land LLC) and James D. McMichael (Strasburg Land LLC and Dunmore Land LLC)
Plaintiff’s experts: Gerald M. Dworkin, aquatic safety expert; Dr. Jerome H. Modell, anesthesiologist and expert in drowning deaths
Defendants’ experts: Thomas J. Griffiths, aquatic safety expert; Dr. David S. Prince, medical doctor with specialty in critical care medicine