The parents of a Phoenix teen who died while enrolled in a Utah wilderness program have sued North Star Expeditions, Inc., accusing the company of gross negligence.
The lawsuit, filed last week in Maricopa County (Ariz.) Superior Court, seeks unspecified damages stemming from the boy's March 31 death as a result of peritonitis and a perforated ulcer. Robert and Sally Bacon spent some $15,000 to enroll their son in the Escalante-based program for troubled youths.Aaron Bacon, 16, collapsed in a pickup truck while awaiting transfer to another North Star camp after a month in the program. Accord-ing to Bacon's journal, as well as those of other participants and North Star counselors, the boy had repeatedly complained of illness but was allegedly called a "faker" by program employees, and his complaints were ignored.
Granted a 30-day extension of its conditional operating license, North Star has opted instead to cut its losses and close, saying the added requirements set out by the state would hamper company operations. As a result, the southern Utah wilderness program pulled its remaining clients from the field.
To assume the extension, North Star would be subject to requirements including hiring a new field director and trainer and the professional staff visiting the camps daily to assess participants' conditions.
Co-owners Lance Jagger and Bill Henry would be removed from their position of authority and any corporate involvement in the program.
Key among North Star's complaints is language in a separate decision by the state to deny the program's request for annual renewal of its regular operating license. The state's notice says the company has not demonstrated adequate resources to operate the wilderness program and that those in charge at the time of Bacon's death are still involved with North Star.
In essence, the statements suggest North Star contributed to the conditions surrounding Bacon's death, a fact denied by program officials.
"That's an unacceptable position with us," North Star attorney Sheldon Wellins said.
The Bacons' lawsuit and North Star's voluntary closure follow criminal charges filed last month against nine company employees, including its two co-owners. All nine were charged with abuse and neglect in connection with the boy's death. The co-owners are also charged with a state licensing violation. The company can reapply for a one-year license after the criminal case is resolved, according to state licensing officials.
"Everyone believed in their own heart that there is no criminal liability," Wellins said of those charged. "I know for a fact they will all plead not guilty." The nine North Star employees will appear Dec. 1 before 6th District Judge Don Tibbs in Panguitch.