Trial Magazine

DJ McCutcheon Jr., 13, was enrolled in a summer camp program through the town of Steilacoom’s community center. The program took the campers to Lowell Johnson Park on Anderson Island to go swimming in Florence Lake. A recreation aide allegedly left the older children at the lake unsupervised while he went back to the ferry to transport another group of children.

McCutcheon entered the lake and started to swim toward a swim platform. He began to bob up and down in the water and asked for help before he went underwater, where he remained for approximately five or six minutes. He was pulled out and CPR was administered, but he died after being airlifted to a hospital. He is survived by his parents.

McCutcheon’s parents, individually and on behalf of his estate, sued the town, alleging negligent supervision of the campers. The plaintiffs argued that the defendant had left the children unattended and failed to require a swim test or the use of life jackets. Suit also claimed that there were no lifeguards at the lake and that the counselors in charge had no training in water safety.

The defense countered that the children were instructed to stay out of the water until the recreation aide returned.

The court denied a defense motion for summary judgment, holding that the release the parents had signed violated public policy and was therefore void.

The parties settled for $15 million.

Citation: McCutcheon v. Town of Steilacoom, No. 23-2-04528-4 (Wash. Super. Ct. Pierce Cnty. July 1, 2024).

Plaintiff Counsel: AAJ members John R. Connelly Jr. and Micah R. LeBank, both of Tacoma, Wash.; and AAJ members Brett M. Rosen and Judd G. Rosen, both of Miami.