Jury Verdict Submission & Research

On July 27, 2013, plaintiffs Joanne and Louis Giorgi were at Camp Sacramento with their children, as they had been in previous years.  This was a camp run by the City of Sacramento for families in the El Dorado National Forest. Thirteen-year-old Natalie Giorgi and her identical twin sister both had a significant peanut allergy which put them at risk of anaphylaxis.  In previous years, the City had been notified by way of medical information forms that Natalie, her sister, and other members of the family suffered from peanut allergies.  The City had a policy that if even one camper at the camp had peanut allergies, then no food products with peanuts would be served.  Natalie, who had been diagnosed with her peanut allergy when she was four years old, had never suffered an incident resulting in anaphylaxis or other reaction due to the vigilance of the family in keeping her and her sister from any exposure to nut products. 

On the day of the incident, Natalie attended the traditional dance hosted by the City on the last night of camp.  The dance took place in the camp lodge, where the City served Rice Krispies treats prepared by the camp's baker.  Unbeknownst to Natalie, the baker added Reese's Peanut Butter Pieces to some of the Rice Krispies treats, yet did not label them or provide any warning that the treats contained nuts.  On previous occasions, the camp had served Rice Krispies treats, but never any that contained peanut butter.  Natalie took one bite of the treat, but spit it out because it tasted "funny."  She immediately reported the incident to her mother and her father, a board certified urologist.  The parents were equipped with an EpiPen due to their children's food allergies. They carefully monitored Natalie for any symptoms that would warrant administering the EpiPen.  Natalie remained asymptomatic for an allergic reaction until she vomited 20 minutes later. Natalie's father immediately administered the EpiPen.  He also asked others if they had EpiPens available and someone provided him with another EpiPen, which he administered as Natalie's symptoms worsened.  The two EpiPens did not stop the cascade of symptoms and as Natalie's condition worsened, Dr. Giorgi entered the camp's first aid station where he saw an EpiPen inside of a glass-and-metal cabinet.  He was unable to open the cabinet, which appeared to him to be locked.  While the camp nurse had been notified of the incident, she had not yet arrived on the scene. Dr. Giorgi used his left elbow to shatter the glass cabinet door so he could remove the EpiPen.  Unfortunately, the glass cut a tendon in his dominant left arm.  He administered that EpiPen, which also failed to stop Natalie's symptoms, and she ultimately died from anaphylactic shock.  

Plaintiffs filed a wrongful death and personal injury action against the City in the Superior Court of Sacramento County, CA. Plaintiffs contended that Natalie's death was caused by the City's negligence in adding peanut butter to the Rice Krispies treats, then serving the unlabeled treats. Plaintiffs also contended that Dr. Giorgi's injury was a foreseeable consequence of that negligence.  His orthopedic injury resulted in a limitation in the use of his left arm and diminished his manual dexterity.  As a result, he was released from his employment as a clinical urologist because he could no longer perform surgeries.

Defendant contended that the Giorgi family failed to provide medical information for 2013, the year of the incident.  Plaintiff contended the documents were provided that year and for the three preceding years they attended the Camp.  Defendant also contended that Dr. Giorgi should have administered epinephrine sooner, and was comparatively at fault for the death of his daughter.  Defendant contested the foreseeability of Dr. Giorgi's injuries and contended that he had overreacted and that the cabinet was not locked. Defendant hired a number of experts that were critical of plaintiffs and also took the position that Dr. Giorgi could return to his profession as a urologist based on his background, training and experience.  Defendants' motions for summary judgment on issues related to liability and foreseeability were denied.

The action proceed to trial on Sept. 26, 2016, before Judge Kevin Culhane, and the parties reached a settlement the same day in the sum of $15,000,000. The City also agreed to have Camp Sacramento accredited by the American Camping Association (ACA) within 12 months of the settlement. The ACA required strict compliance with and adoption of safety measures and food service protocols designed to protect campers from known food allergens.

Plaintiffs were represented by Roger A. Dreyer and Robert Ba. Bale of DREYER BABICH BUCCOLA WOOD & CAMPORA LLP. The City was represented by Carl J. Calnero of PORTER SCOTT; Richard S. Linkert of MATHENY SEARS LINKERT & JAIME, LLP; and Chance L. Trimm of the CITY OF SACRAMENTO.

Lexis Advance subscribers may view the complete summary here:  Joanne M. Giorgi & Louis J. Giorgi v. City of Sacramento, et al; 2016 Jury Verdicts LEXIS 7895

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