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The city of Santa Barbara should be held responsible in the 2002 death of Katie Janeway -- a young teenager who drowned at Los Banos Pool when she was on a field trip there with a summer camp for developmentally disabled children -- a lawyer for her family told the California Supreme Court Tuesday.
However, the city's attorney remained adamant that no camp employee willfully injured the 14-year-old girl and that Santa Barbara bears no responsibility in her death.  Katie Janeway
Speaking for the family, attorney Roland Wrinkle insisted a release of liability form signed by Katie's mother does not excuse what he described as a failure by the city to protect someone so susceptible to harm.
“Based upon the language of the release, it was not the intention or the understanding of the parties that they were agreeing that the city of Santa Barbara would have no obligation,” Wrinkle said following the oral arguments, which were held before the Supreme Court justices at the Ronald Reagan State Office Building in Los Angeles.
“The mother did not have that understanding and could never have that understanding by reading that release,” he added.
The oral arguments are a critical milestone in the case, which has languished in the legal system for nearly five years. The justices now have 90 days to decide whether the $200 million wrongful death case should proceed to trial or be dismissed.
The central issue before the state's highest court is whether a government agency can use a release form as a shield against gross negligence, legally considered the failure to provide even slight care. The justice's decision in this case -- one being watched by local governments statewide -- may affect the availability of public recreational programs.
The girl's mother, Maureen Janeway, declined to comment when contacted by the Santa Barbara Newsroom, citing the justices' pending decision. Throughout the years-long legal battle, City Attorney Steve Wiley has argued the girl's drowning was not the fault of any of the Adventure Camp employees.
However, Wrinkle said Tuesday that even if the release covered gross negligence, the 1977 Lanterman Act gives developmentally disabled people -- like Katie -- the right to services and support that enables them to live a more normal life.
“To say there should be no obligation to use even slight care, let alone ordinary care … is so dangerous that it would be a violation of public policy,” he said.
The city has hired an Oakland law firm in its defense. While he did not argue the case Tuesday, Wiley attended the court hearing and afterward described an “active back and forth” between lawyers and the seven justices, all of whom asked questions, he said.
The city can enforce the signed release, Wiley said, because no one has alleged that any fraud, willful injury or violation of the law took place.
“That didn’t occur,” he said, citing rules set forth in an 1872 civil code. “There was no violation of the law, even if it was just regulations with respect to Los Banos Pool.”
Katie drowned in July 2002 while under the care of a city-employed one-on-one counselor, according to court documents. Her parents, Maureen and Terrell Janeway, later sued the city, alleging inadequate supervision and training.
Since the suit was filed, a county Superior Court judge denied the city's request to dismiss the case, emphatically stating there was enough evidence to warrant a jury trial. From there, the city appealed.
An appellate court in January 2006 upheld the decision of the Superior Court judge, ruling that the release covered ordinary negligence -- or the failure to provide reasonable care -- but not gross negligence. The appellate justices returned the case to the lower trial court with instruction that it should proceed to trial.
“The record includes evidence creating a material triable issue,” according to that ruling.
Challenges from the city again followed, landing the case in the state's highest court and leading to Tuesday’s hearing.
Dawn Hobbs contributed to this report.
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