Campogan was a licensed child care provider who cared for children in her home. She had a
Question:
Campogan was a licensed child care provider who cared for children in her home. She had a contract with Troy and Wendy Wurtz to care for their infant daughter, Zoe. The contract required Campogan to adhere to safe sleep guidelines. Zoe died of hyperthermia as a result of Campogan placing her in a car seat, with a blanket behind her back and a pillow on her lap, in a warm bedroom, while Campogan was attending to other children in an adjacent room. Campogan’s conduct was unsafe and did not comply with the safe sleep guidelines that she had promised to follow. Campogan subsequently filed for bankruptcy. The Wurtzes objected to the entry of a discharge of Campogan’s debt to them arising out of Zoe’s death. Campogan contended that Zoe’s death was a tragic accident, but the Wurtzes argued that Campogan’s failure to abide by safe sleep guidelines resulted in willful and malicious injury. Was Zoe’s death a willful and malicious injury such that Campogan should be denied a discharge in bankruptcy? Why or why not?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs