The lawsuit arose after the plaintiff suffered a debilitating injury while in the care and supervision of the Miller School. Students were tasked with cutting bamboo in order to assist the VFW in creating an overlook to the river. Prior to the students arrival, other volunteer organizations and individuals had attempted to maintain the bamboo but as a result, created spear like bamboo canes that the students had to navigate while conducting their service project. During the service project, the plaintiff lost his footing and was impaled through his anus by a partially cut bamboo stalk. The stalk punctured his rectal wall and impaled his bladder through and through.