Andres

Stephan Andres accidentally drowned in a spa pool located in the men’s locker room of the Young Men’s Christian Association (hereafter, YMCA). Stephan’s parents, plaintiffs Helmut and Edith Andres, and his sister and personal representative, plaintiff Susan Andres, sued defendant YMCA for wrongful death. The jury found defendant negligent but that the negligence did not cause Stephan’s death. On appeal from the judgment, plaintiffs principally contend that the trial court erred by refusing their proffered jury instructions to the effect that defendant’s failure to provide lifeguard service or a supervisor in the locker room constituted negligence per se. We disagree and affirm the judgment.

Background

In 1992, Stephan was a 30-year-old electrical engineer with a medical history of “complex partial seizures.” He suffered his first seizure in March 1989, and a second one in June 1989. Doctors prescribed carbamazipine. He experienced a third seizure in December 1990, after stopping his medication due to an illness.

Stephan was a member of the YMCA. The YMCA facility which Stephan frequented had separate spa pools in the men’s and women’s locker rooms. The men’s spa pool…