In the fall of 2008, Aaron Burkhardt went to a Boy Scout gathering at Camp Nooteeming in Pleasant Valley, New York.  During the trip, another scout threw a tennis ball, which struck Burkhardt in the eye and allegedly injured him.  The boy’s mother then sued the Boy Scouts of America and Hudson Valley Council.

Although the Boy Scout organizations were not directly involved with the particular troop in question, the plaintiff claimed that the organizations were liable because they were negligent in their supervision of the scouts.  The Second Department disagreed, and in Burkhardt v. Boy Scouts of America, held that both Boy Scout defendants were entitled to summary judgment.  The court reasoned that neither defendant supervised nor controlled the activities of Burkhardt’s troop.

Plaintiffs’ attorneys often sue every person, company or organization with the remotest connection to an accident.  But the Burkhardt decision shows that a negligent supervision claim actually requires a defendant to supervise the activities in question.  This time, boys will be boys.  Thanks to Mike Gauvin for his contribution to this post.  Please email Brian Gibbons with any questions.