Family Speaks Out About Cub Scout's Death

CBS ^

[Coleus]

We're hearing from the family of a young boy, who died after falling off a float at a New Hampshire Christmas Parade. On Monday, Thomas Fogarty's family spoke for the first time about the 9-year-old boy who was celebrating Christmas with his fellow Cub Scouts. The float -- being pulled by a trailer through downtown Portsmouth, New Hampshire -- pulled Thomas Fogarty to his tragic death. "At this time, we believe that Thomas somehow fell from the float and was run over by the trailer's double-axle wheels," said Chief Michael Magnant of the Portsmouth, New Hampshire Police Department.

Thomas' family released this statement on Monday:

"Foremost our family would like to thank the emergency and rescue personnel for all their valiant efforts. We also would like to thank the outpouring of support of the community that we have received. We ask that you please keep everyone involved in this tragic accident in your thoughts and prayers. Thomas was a beautiful, bright, energetic, and life-loving boy. He was a third-grader at Greenland Central School and loved being a Cub Scout. He enjoyed reading and sports especially swimming, baseball and basketball. In his short life, he fulfilled many of his dreams, including seeing his first Red Sox game at Fenway Park this year along with his younger brother Andrew.

Although this is a tragic and sad time in our lives, we believe that something positive will come out of this. The family has decided to set up a memorial fund at his school to benefit enrichment programs. Donations may be made to Thomas Edward Fogarty memorial fund c/o Greenland Central School, 70 Post Road, Greenland, N.H., 03840. Last we ask that you give your children an extra hug tonight and value the time that you have together."

The Christmas Parade is an annual celebration in the city. Thomas was taking part with 15 other scouts. Now the candle-lit memorial outside his family's Greenland home pays a silent tribute to the fun-loving third grader. The parade was delayed for about an hour, and most onlookers had no idea what had happened. Both the float and the truck have been impounded by police for a thorough mechanical investigation. For now, Thomas' family reminds everyone how precious life is.

[RonF]

The BSA's insurance is not supposed to pay for everything. It's supplemental; it's supposed to pay for what your own insurance won't pay for. And from what you describe, it's not clear whether we're talking about liability insurance or health insurance, which is a whole different issue.

[CholeraJoe]

I'm terribly sorry about this boy's tragic death. As a veteran of six Mardi Gras parades in New Orleans, we were always wearing safety harnesses while the float was in motion. The tether attached to the harnesses was too short to permit the rider to reach the ground.

[justshutupandtakeit]

What a horrible story.

[Stone Mountain]

The BSA has safety guidelines.

Didn't mean to imply that they didn't - just that they clearly weren't followed...

Thanks for the other info - I can always count on you to provide interesting scounting info. I just read that sentence back and it sounded sarcastic, but it really isn't - you're more knowledgeable about the scouts than just about anyone I know...

one of the conditions to having protection from the BSA's liability insurance is that the activity where the liability comes from is conducted in conformance with the G2SS. This is doubtless a condition imposed by the insurance company - they won't pay unless the incident occurred while the activity complied with the G2SS. It's not the BSA making the call here.

Aha - this is the key. But I would think it's possible that the National BSA could still be held liable - or at least sued. Just as a large corporation can be held liable for the conduct of it's employees, on company time, performing a company function (albeit wrongly), no? If an accountant working for H&R Block commiteed fraud in preparing my tax return, even if it was against H&R policy, the company can still be sued, right?Even if they didn't know he was specifically doing that because they have so many employees... there's no way for H&R to monitor all of their employees, but they are still responsible for their actions.

[Coleus]

health insurance. it's worthless.

Ron, whether it's primary or secondary is not the issue, the issue is that it's not paying for his treatment. If one does not have a primary health insurance policy, then the BSA health policy becomes the primary insurer. The coverage stinks and is very limited and the BSA does not do enough to educate parents, especially inner city parents who may not have primary coverage, It's very careless, reckless and insensitive of the BSA to recruit poor children and not tell their parents of the new Scouts that the accidental and sickness policy is very limited and doesn't pay for very much. Shame on them.

[RonF]

Just as a large corporation can be held liable for the conduct of it's employees, on company time, performing a company function (albeit wrongly), no? If an accountant working for H&R Block commiteed fraud in preparing my tax return, even if it was against H&R policy, the company can still be sued, right?

A Scoutmaster is not paid. He is a volunteer. He does not work for the BSA. The BSA did not recruit him or her. The SM reports to the Unit Committee, who are recruited by and are responsible to the sponsor. Neither they or the leaders are paid by the BSA. I am a member of the BSA but I do not work for it. There are about 4000 people who are paid by the BSA and I'd not contest it's liability for their actions, but the 1,000,000 adult volunteers are a different story.

[RonF]

Ron, whether it's primary or secondary is not the issue, the issue is that it's not paying for his treatment. If one does not have a primary health insurance policy, then the BSA health policy becomes the primary insurer. The coverage stinks and is very limited and the BSA does not do enough to educate parents, especially inner city parents who may not have primary coverage, It's very careless, reckless and insensitive of the BSA to recruit poor children and not tell their parents of the new Scouts that the accidental and sickness policy is very limited and doesn't pay for very much. Shame on them.

Hm. Well, I have to admit that my understanding of the BSA health insurance is shakier than perhaps it should be. I'd hate to think that the BSA is not meeting it's obligations here, but I'm not going to say it's not possible. If so, it would be shameful.

[radiohead]

How sad. I remember my son at this age; just a delight. His parents must be heart-broken.