Jolie Rouge
01-18-2011, 11:39 AM
Family of teenager who died on Everglades hike sues the Boy Scouts
AISLING SWIFT Naples Daily News
Parents of a Boy Scout who died hiking last year are suing the Boy Scouts of America, alleging scoutmasters were negligent for continuing a 20-mile Everglades hike in 100-degree heat after their son showed signs of heat exhaustion.
Howard Adelman and Judith Sclawy-Adelman of Weston say Michael Sclawy-Adelman, 17, began exhibiting signs of heat exhaustion May 9, 2009, halfway through the hike on the Florida Trail in Big Cypress National Park, according to the wrongful death lawsuit.
“Nevertheless, the hike was continued,” it says.
The lawsuit accuses Pine Island Troop 111 scoutmasters Howard K. Crompton and Andrew L. Schmidt of negligence and carelessness for being unprepared and not acting quickly in an emergency to prevent their son’s collapse from a heat stroke, which led to his death in the park.
The Adelman’s lawsuit, filed Tuesday in Miami-Dade Circuit Court by attorney Mark Sylvester of Leesfield & Partners in Miami, alleges Pine Island Troop 111 scoutmasters Crompton and Schmidt “organized, planned and led” three boys on a hike in 100-degree heat.
The lawsuit says GPS data and National Park Ranger reports show they paused for more than 90 minutes at mile 15, where their son was “dizzy, disoriented, and delirious,” before they called 911. Sylvester said it took first responders an hour to reach that deep into the Everglades.
“First responders indicated that the surviving minor Boy Scouts showed signs of dehydration,” the complaint says of the two other boys. A National Park Service report shows everyone involved was suffering from heat exhaustion and needed water.
“It’s a real tragedy that shouldn’t have happened,” Sylvester said Thursday. “It was entirely preventable. ... These parents are adamant they want to see changes. They don’t want this to happen to another Boy Scout or family.”
“The park ranger was furious, furious, they were out there in those conditions,” he added. “He said rangers would never go out and conduct a hike in those conditions.”
It’s not the first time a Boy Scout died on a hike due to heat exhaustion. News stories show at least three deaths since 1996, including one a month after Sclawy-Adelman died.
In June 2009, Timothy Nunn, 14, died from probable heat stroke on a hike in Minnesota; Payden Sommers, 11, died of a probable heat stroke on a hike in Ohio in June 2008; and David Phillips, 15, died from probable heat stroke on a hike in Arizona in June 1996.
In addition, the U.S. Centers for Disease Control investigated reports of more than 1,600 cases on heat exhaustion during the 2005 National Scout Jamboree in Fort AP Hill in Virginia and determined organizers failed to provide enough water and shade for Jamboree attendees in July, when the heat index reached 121 degrees.
Sylvester contends the BSA should have learned from past experiences and noted that high schools, colleges, and the U.S. military have changed their policies involving exercises in extreme heat, issuing strict guidelines and limitations after highly publicized deaths and near deaths.
“The Adelmans are hoping to put enough pressure on the Boy Scouts to change,” Sylvester said, adding that their son, their only son and a twin, exhibited early signs of heat exhaustion by not eating much lunch or drinking more water by mile 10, when his death could have been prevented.
The lawsuit alleges the defendants were negligent in planning and conducting a 20-mile hike through the Everglades in 100-degree weather, failing to obtain proper weather information the day of the hike, and failing to follow guidelines for hiking established by local, state and national organizations, including the Boy Scouts.
It also alleges they failed to: follow proper policies and procedures; undergo proper training for leading minors on a hike; recognize the signs of heat stroke and an emergency; take proper action after Sclawy-Adelman began showing signs of distress; bring proper equipment, including communications equipment; or report the emergency in a timely manner.
The parents sued the scoutmasters individually and as representatives of Boy Scouts of America, which also is a defendant. Also named are the BSA’s South Florida Council, which does business in Broward, Miami-Dade and Monroe counties, and Plantation United Methodist Church.
Crompton and Schmidt could not be reached for comment.
The lawsuit alleges negligence, wrongful death, mental pain and suffering, and seeks unspecified damages for those counts, in addition to their son’s funeral expenses, future support, affection and companionship.
The Boy Scouts of America does not comment on pending litigation.
http://www.naplesnews.com/news/2010/jun/10/parents-sue-boy-scouts-over-teen-who-died-while-hi/
AISLING SWIFT Naples Daily News
Parents of a Boy Scout who died hiking last year are suing the Boy Scouts of America, alleging scoutmasters were negligent for continuing a 20-mile Everglades hike in 100-degree heat after their son showed signs of heat exhaustion.
Howard Adelman and Judith Sclawy-Adelman of Weston say Michael Sclawy-Adelman, 17, began exhibiting signs of heat exhaustion May 9, 2009, halfway through the hike on the Florida Trail in Big Cypress National Park, according to the wrongful death lawsuit.
“Nevertheless, the hike was continued,” it says.
The lawsuit accuses Pine Island Troop 111 scoutmasters Howard K. Crompton and Andrew L. Schmidt of negligence and carelessness for being unprepared and not acting quickly in an emergency to prevent their son’s collapse from a heat stroke, which led to his death in the park.
The Adelman’s lawsuit, filed Tuesday in Miami-Dade Circuit Court by attorney Mark Sylvester of Leesfield & Partners in Miami, alleges Pine Island Troop 111 scoutmasters Crompton and Schmidt “organized, planned and led” three boys on a hike in 100-degree heat.
The lawsuit says GPS data and National Park Ranger reports show they paused for more than 90 minutes at mile 15, where their son was “dizzy, disoriented, and delirious,” before they called 911. Sylvester said it took first responders an hour to reach that deep into the Everglades.
“First responders indicated that the surviving minor Boy Scouts showed signs of dehydration,” the complaint says of the two other boys. A National Park Service report shows everyone involved was suffering from heat exhaustion and needed water.
“It’s a real tragedy that shouldn’t have happened,” Sylvester said Thursday. “It was entirely preventable. ... These parents are adamant they want to see changes. They don’t want this to happen to another Boy Scout or family.”
“The park ranger was furious, furious, they were out there in those conditions,” he added. “He said rangers would never go out and conduct a hike in those conditions.”
It’s not the first time a Boy Scout died on a hike due to heat exhaustion. News stories show at least three deaths since 1996, including one a month after Sclawy-Adelman died.
In June 2009, Timothy Nunn, 14, died from probable heat stroke on a hike in Minnesota; Payden Sommers, 11, died of a probable heat stroke on a hike in Ohio in June 2008; and David Phillips, 15, died from probable heat stroke on a hike in Arizona in June 1996.
In addition, the U.S. Centers for Disease Control investigated reports of more than 1,600 cases on heat exhaustion during the 2005 National Scout Jamboree in Fort AP Hill in Virginia and determined organizers failed to provide enough water and shade for Jamboree attendees in July, when the heat index reached 121 degrees.
Sylvester contends the BSA should have learned from past experiences and noted that high schools, colleges, and the U.S. military have changed their policies involving exercises in extreme heat, issuing strict guidelines and limitations after highly publicized deaths and near deaths.
“The Adelmans are hoping to put enough pressure on the Boy Scouts to change,” Sylvester said, adding that their son, their only son and a twin, exhibited early signs of heat exhaustion by not eating much lunch or drinking more water by mile 10, when his death could have been prevented.
The lawsuit alleges the defendants were negligent in planning and conducting a 20-mile hike through the Everglades in 100-degree weather, failing to obtain proper weather information the day of the hike, and failing to follow guidelines for hiking established by local, state and national organizations, including the Boy Scouts.
It also alleges they failed to: follow proper policies and procedures; undergo proper training for leading minors on a hike; recognize the signs of heat stroke and an emergency; take proper action after Sclawy-Adelman began showing signs of distress; bring proper equipment, including communications equipment; or report the emergency in a timely manner.
The parents sued the scoutmasters individually and as representatives of Boy Scouts of America, which also is a defendant. Also named are the BSA’s South Florida Council, which does business in Broward, Miami-Dade and Monroe counties, and Plantation United Methodist Church.
Crompton and Schmidt could not be reached for comment.
The lawsuit alleges negligence, wrongful death, mental pain and suffering, and seeks unspecified damages for those counts, in addition to their son’s funeral expenses, future support, affection and companionship.
The Boy Scouts of America does not comment on pending litigation.
http://www.naplesnews.com/news/2010/jun/10/parents-sue-boy-scouts-over-teen-who-died-while-hi/