Trial Magazine

Doe, 3, was on vacation with his family at a vacation rental that included a fenced-in swimming pool. After dinner one night, family members found Doe floating face-down in the pool. He was resuscitated and air-lifted to a children’s hospital, where he remained for one month before being transferred to inpatient rehabilitation. Now 7, he suffers from hypoxic brain damage that has resulted in cognitive and physical impairments, including an abnormal gait and speech problems. Doe’s medical expenses were $294,000.

Doe sued the homeowner and the realty company that leased the home to his family, alleging violation of the North Carolina Rental Act, which requires a vacation rental landlord to provide a fit and habitable premises that complies with all applicable building and housing codes at the time of the rental. The ­plaintiff asserted that the applicable building code mandates that all swimming pools be secured by self-latching gates. Here, the plaintiff claimed, the latch on the pool’s fence was unreliable because it was rusted and prone to opening.

The defense claimed Doe’s injuries resulted from a lack of parental supervision. The parties settled for $900,000.

Citation: Doe v. Roe Homeowner, Confidential Dkt. No. (N.C. Confidential Ct. Aug. 2019).

Plaintiff counsel: AAJ members Richard N. Shapiro, Randy E. Appleton, and Eric K. Washburn, all of Virginia Beach, Va.

Plaintiff experts: Ralph Johnson, pool safety, Greer, S.C.; Wendy Brown, radiology, Norfolk, Va.; Ronald David, pediatric neurology, and Pamela Waaland, neuropsychology, both of Richmond, Va.; Evelyn Robert, life care planning, and William Reese, economics, both of Virginia Beach; and Michael Demark, vocational rehabilitation, Portsmouth, Va.