Hotchkiss faces $41.7 million verdict

LAKEVILLE, Conn. — The Hotchkiss School will appeal the $41.7 million verdict awarded to a former student March 27 at U.S. District Court in Bridgeport by Judge Stefan Underhill. The private boarding high school was found guilty of negligence in a suit filed by Cara Munn, 20, of New York City. Munn was accepted to the Hotchkiss class of 2010. Following her freshman year at the school, she went on a five-week school-sponsored trip to China that began in June and was to have ended in July.In June, the group went to Mount Panshan, which according to www.chinatravelguide.com is on the North China Plain, about 55 miles from Beijing, and is a popular holiday destination for city dwellers. According to Linda Grossberg, who is a paralegal at the law firm that represented Munn, the Hotchkiss group traveled up Mount Panshan in a gondola. Munn and three or four other students asked for (and received) permission to walk down the mountain instead of taking the gondola. No bug spray containing DEET was provided to the students, according to the lawsuit, even though the walk was through a wooded area and even though the Centers for Disease Control (CDC) warns that tick-borne diseases are a danger in China. Malaria is a particularly grave danger for visitors to China, the CDC website states, adding that “dengue, chikungunya,filariasis, Japanese encephalitis, leishmaniasis and plague are diseases carried by insects that also occur in East Asia. Tickborne encephalitis occurs in forested regions in northeastern China and in South Korea.”About 10 days after that excursion, Munn began to experience severe headaches and high temperatures. She was admitted to a hospital in Tianjin, a city with a population that is close to 13 million. When she continued to get worse, she was transferred to a hospital in Beijing and then evacuated back to the United States. She was diagnosed with encephalitis and has what her lawsuit contends is likely to be permanent damage to her brain.Grossberg said the student’s executive functioning skills were compromised. She can’t speak and has difficulty organizing and planning. She has trouble with small motor skills and can communicate only by texting and typing.“She testified using her speech assistance device, which is like an iPad or iPhone,” Grossberg said. “She types into it and it ‘speaks,’ in a robotic voice. She has a lot of difficulty writing and her typing is slow.”Munn’s attorney was Antonio Ponvert III of the law firm of Koskoff, Koskoff and Bieder in Bridgeport, which specializes in malpractice suits and significant personal injury suits. Hotchkiss was represented by Dawn Seaman of the law firm Wiggin and Dana in New Haven. Seaman did not return a call seeking comment.Hotchkiss offered Munn $750,000 in a pretrial mediation, Grossberg said, but she turned it down.The court case began March 6. The jury began deliberations on the eighth day and discussed the case for eight hours. The $41.7 million award covers economic and noneconomic damages, Grossberg said. Past economic damages include the cost of medical care and evacuation from China. Future economic damages take into account her lost earning capacity and the cost of future medical care. Part of the award also covers noneconomic damages such as “the loss of enjoyment of life’s activities,” Grossberg said. It is unclear whether she will ever recover from the brain injury. “Five years have gone by since the injury and she is still unable to speak, after many therapies and many different approaches,” Grossberg said. She added, “she is a very persistent young woman and she hasn’t given up. She is hopeful she will speak again someday. But there are no doctors or experts who are now saying that is likely.”However, Munn managed to complete high school in New York City and is now a sophomore in college. Grossberg declined to share the names of the schools or to share additional information on the family, other than that Munn has two siblings.The suit found Hotchkiss negligent in not sufficiently warning students of the danger of tick-borne diseases in China, where even Lyme disease is common; and of not providing a repellant, like a product containing DEET.Plan to appealHotchkiss plans to appeal the case. On March 29, Head of School Malcolm McKenzie sent a letter to parents and alumni that said, “The case is based on the following incident: At the end of her freshman year at Hotchkiss, Cara Munn went on a Hotchkiss trip to China in June and July of 2007. During the trip she became ill with a tick-borne form of encephalitis (TBE) and continues to suffer the effects of this illness. According to the CDC, she was the first reported U.S. traveler to China to be diagnosed with TBE. It had not happened before the 2007 trip in question, and it has not happened since then.“As part of our due diligence prior to this trip, we checked the CDC website for medical advice and asked parents to do the same. We also requested that families seek advice from a travel medical specialist. There was no indication at all that this was a potential risk.“I would like to take this opportunity once again to assure the Hotchkiss community that our first commitment is, and has always been, to protect and care for our students. We take this duty extremely seriously.“We have been working closely with our insurance carrier. We have appropriate coverage for this matter. An appeal is being planned, and we are optimistic that further review of the facts will lead to a more favorable ruling.”In a statement released March 28, the school said, “We care deeply about all our students. We make every effort to protect them, whether they are here or participating in a school-sponsored activity off-campus. We put great care and thought into planning and administering off-campus programs, and we extend the same care to students on these trips as to students on campus. “Historically, our students have undertaken study, service projects and travel in the United States and throughout the world and have derived great benefit from these opportunities. We remain very saddened by this student’s illness. “We continue to hope for improvements to her health. While we will not comment on specific elements of the case, we plan to appeal this verdict.”When students left for the China trip, Robert “Skip” Mattoon was head of school. He was replaced on July 1, 2007, by McKenzie. McKenzie will leave the school this summer and found a new school in Beijing. His replacement will be Kevin Hicks, who had been the school’s dean of faculty.A spokesman for Hotchkiss said the school has an endowment of $380 million. It is one of the largest endowments of any private high school in the United States, according to www.boardingschoolreview.com. Another travel disaster occured this year, when students and teachers were on a ship in the Antarctic on a trip sponsored by alumnus Forrest Mars Jr. The ship was hit by a 30-foot wave that knocked the captain unconscious and shattered the glass of the ship’s bridge, leaving many crew members with cuts and injuries. None of the students or faculty was harmed.As for future student travel, McKenzie said, “We anticipate no change in our foreign study, service and travel plans. These are an integral part of the global education that is so important to our students.”Housatonic’s China tripInternational travel is becoming increasingly common for high school students, at public and private high schools. Housatonic Valley Regional High School sponsors an annual trip to China; students and faculty are departing for this year’s trip on April 6. Assistant Principal Ian Strever, who is traveling with the group, said, “We are not going to a part of China that is rural and where students will be exposed to ticks, and we limit the exposure by wearing long pants and shirts. “We do look at the CDC website, and share that with parents before we go.“We carry with us hand sanitizer. We stick with the same tour company we’ve been using for a number of years. We limit exposure on all fronts as much as we can.“Our concern is more about the pollution in Beijing; we may need to wear masks, which we will provide to students.”

Latest News

A new life for Barrington Hall

A new life for Barrington Hall

Dan Baker, left, and Daniel Latzman at Barrington Hall in Great Barrington.

Provided

Barrington Hall in Great Barrington has hosted generations of weddings, proms and community gatherings. When Dan Baker and Daniel Latzman took over the venue last summer, they stepped into that history with a plan not just to preserve it, but to reshape how the space serves the community today.

Barrington Hall is designed for gathering, for shared experience, for the simple act of being together. At a time when connection is often filtered through screens and distraction, their vision is grounded in something simple and increasingly rare: real human connection.

Keep ReadingShow less

Gail Rothschild’s threads of time

Gail Rothschild’s threads of time

Gail Rothschild with her painting “Dead Sea Linen III (73 x 58 inches, 2024, acrylic on canvas.

Natalia Zukerman

There is a moment, looking at a painting by Gail Rothschild, when you realize you are not looking at a painting so much as a map of time. Threads become brushstrokes; fragments become fields of color; something once held in the hand becomes something you stand in front of, both still and in a constant process of changing.

“Textiles connect people,” Rothschild said. “Textiles are something that we’re all intimately involved with, but we take it for granted.”

Keep ReadingShow less

Sherman Players celebrate a century of community theater

Sherman Players celebrate a century of community theater

Cast of “Laughter on the 23rd Floor” from left to right. Tara Vega, Steve Zerilli, Bob Cady (Standing) Seated at the table: Andrew Blanchard, Jon Barker, Colin McLoone, Chris Bird, Rebecca Annalise, Adam Battlestein

Provided

For a century, the Sherman Players have turned a former 19th-century church into a stage where neighbors become castmates, volunteers power productions and community is the main attraction. The company marks its 100th season with a lineup that blends classic works, new writing and homegrown talent.

New England has a long history of community theater and its role in strengthening civic life. The Sherman Players remain a vital example, mounting intimate, noncommercial productions that draw on local participation and speak to the current cultural moment.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Reimagining opera for a new generation

Reimagining opera for a new generation

Stage director Geoffrey Larson signs autographs for some of the kids after a family performance.

Provided

For those curious about opera but unsure where to begin, the Mahaiwe Theater in Great Barrington will offer an accessible entry point with “Once Upon an Opera,” a free, family-friendly program on Sunday, April 12, at 2 p.m. The event is designed for opera newcomers and aficionados alike and will include selections from some of opera’s most beloved works.

Luca Antonucci, artistic coordinator, assistant conductor and chorus master for the Berkshire Opera Festival, said the idea first materialized three years ago.

Keep ReadingShow less
BSO charts future amid leadership transition and financial strain

Aerial view of The Shed at Tanglewood in Lenox, Massachusetts.

Provided

The Boston Symphony Orchestra is outlining its path forward following the announcement that music director Andris Nelsons will step down after the 2027 Tanglewood season, closing a 13-year tenure.

In a letter to supporters, the BSO’s Board of Trustees acknowledged that the news has been difficult for many in its community, while emphasizing gratitude for Nelsons’ leadership and plans to celebrate his final season.

Keep ReadingShow less
A tradition of lamb for Easter and Passover

Roasted lamb

Provided

Preparing lamb for the observance of Easter is a long-standing tradition in many cultures, symbolizing new life and purity. For Christians, Easter marks the end of Lenten fasting, allowing for a celebratory feast. A popular choice is roast lamb, often prepared with rosemary, garlic or lemon. It is traditional to serve mint sauce or mint jelly at the table.

The Hebrew Bible suggests that the last plague God inflicted on the Egyptians, to secure the Israelites’ release from slavery, was to kill the firstborn son in every Egyptian home. To differentiate the Israelites from the Egyptians, God instructed them to mark their doorposts with the blood of a lamb. Today, Jews, Christians and Muslims generally believe that God would have known who was Israelite and who was Egyptian without such a sign, but views of God’s omnipotence in the Abrahamic faiths have evolved over the millennia.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.