Leno v. Young Men's Christian Assn

In Leno v. Young Men's Christian Assn. (1971) 17 Cal.App.3d 651, the plaintiffs brought an action for damages for the wrongful death of their 20-year-old son who had drowned during a scuba-diving class given under the auspices of the Y. Obviously, because the son was deceased, he did not testify. However, the appellate court held there was "no question that plaintiffs made a sufficient prima facie showing that the instructor was the Y's agent." (Id. at p. 658.) In so concluding, the Leno court listed evidence from which "any student would reasonably assume that the instructor was the Y's agent." (Ibid.)