Latest News 2009 November City Sued in Swimming Pool Drowning

City Sued in Swimming Pool Drowning

The city of Providence, Rhode Island has been sued in a wrongful death lawsuit involving the drowning of a 9-year-old boy in one of the city's swimming pools.

On August 17 Jameson Auciel was found floating face down in the McGrane Pool.  He was pulled out of the pool unconscious and rushed to Hasbro Children's Hospital. He died three days later.

It is still unclear what happened in the pool that day, but a medical examiner's report concludes that Jameson died from a lack of oxygen to brain brought on by drowning.

The family is seeking $15 million in damages, and that a "reckless and grossly negligent act" by one or more city employees led to Jameson's death.  The suit is actually three separate claims, one filed by the estate of Jameson Auciel, one on behalf of his mother, and one on behalf of his brother, each seeking $5 million.

Jameson's cousin, eight-year-old Gamaelle Bazelais, nearly drowned but was successfully revived at the pool.  She was also taken to Hasbro Hospital, where she remained in a coma for three days. The family of Gamaelle has chosen not to pursue a lawsuit at this time. However, they are concerned about her physical, mental, and emotional well-being.

David A. Bagus, attorney for Gamaelle's family, believes the city will try to blame the drownings on Gamaelle's father, who left the children at the pool while he went to run errands. However, Bagus claims the father cannot be held liable since he was turned away from entering the pool area because he was not wearing a bathing suit. 

Furthermore, according to a joint report from the mayor's office and the police department, witnesses said that one of the lifeguards was wearing headphones, and that another lifeguard ignored a request from another patron to check on the floating children. 

Once the lifeguards discovered the children, they pulled them out and administered CPR.

For more information about swimming pool drownings, click here to find a personal injury attorney near you.

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