A Virginia YMCA has been sued for $20 million over the death of a 5-year-old boy who drowned in an overcrowded pool — allegedly handled only by a lifeguard who was on his phone.
Mother of young son Auston Wingo, Jr. accused the Pulaski County YMCA of having only one lifeguard and three child care workers present to supervise at least 38 children, ages 5 to 10, swimming on the evening of her son’s death in 2021, according to the suit filed Monday.
While Wingo, who cannot swim, was in the pool, lifeguards “began to look at what was believed to be his cellular phone while there were no fewer than 34 program children in the pool,” states the Pulaski County Circuit Court suit. of Contessa Gallimore.
The boy “fought for his life in eight feet of water while trying to regain the edge of the pool before he lost his life and went into the water, about 36 feet in front of the lifeguard, unnoticed by any staff,” read court papers, first reported by local CBS affiliate WDBJ.
The boy and another child were enrolled in Y Excel’s child care program and were taken swimming during a virtual learning day during the COVID outbreak on Dec. 6, 2021, according to the suit.
Family of Auston Wingo, Jr. 5-year-old is suing the Virginia YMCA for $20 million after the child drowned in a pool in 2021. Family Handout
Wingo did not know how to swim but no one asked his parents or gave him a test to see his ability and he was not given any flotation device, court papers allege.
He “lost his grip on the side of the pool and began to struggle,” all in direct view of lifeguards — but no one noticed he was “struggling to stay afloat,” the suit alleges.
Three childcare workers there “were not properly positioned on the pool deck to supervise all children in the pool,” the filing alleges.
One employee even “left his post on the pool deck,” while another helped a child with their glasses, and a third ignored the interior, court papers state.
Wingo was at the YMCA with the child care program on Dec. 6, 2021. Wingo’s Pulaski County Public Schools mother, Contessa Gallimore claimed the YMCA was negligent for only having one lifeguard while 38 children were in the pool area that day. Family Distribution
It was only when two other children noticed Wingo “floating face down” that the staff finally realized what was happening, the suit alleges.
However, they “did not attempt to save” Wingo by performing CPR on him and rescuers did not know where the defibrillator was, “causing a delay in providing emergency care” to the child, the lawsuit alleges.
When emergency workers arrived, they took Wingo to the hospital where they found at least one of his lungs “full of water.”
He died from his injuries that night, the suit alleges.
A special prosecutor investigating the incident found that the death was accidental and there was no criminal negligence, the outlet reported.
The little boy did not know how to swim and was left in the pool without a flotation device, the suit alleges. The Family Circular of the Lawsuit claims the rescuer was distracted and believed to be on his mobile phone at the time. Family Distribution
The Wingo family’s attorneys, Dirk Padgett and Steve Barker, said while they know how important the YMCA is in their community, “someone has to be held accountable.”
“Society demands accountability for this little boy who will never experience a full life,” the lawyer said in a statement to the outlet.
“Many former YMCA staff have moved on – something Auston will not do – so this lawsuit represents the family’s effort to seek justice for the loss of their son and to get the accountability they deserve.”
Gallimore brought a gross negligence claim against the YMCA, the YMCA director, lifeguards and child care workers.
The suit says that while Wingo was fighting for his life, he was in full view of where the rescuers were. Pulaski YMCA
His suit seeks $15 million in compensatory damages and another $5 million in compensatory damages – or punitive damages.
Pulaski County YMCA CEO Dave Adkins said they are “devastated” by Wingo’s death.
“We are aware that the YMCA of Pulaski County has been named in a lawsuit stemming from his death,” Adkins said. “While we cannot comment on pending litigation, the Y takes all allegations of misconduct seriously and is cooperating fully in all aspects of the legal process.”
Adkins did not immediately return a message left with the Pulaski YMCA.
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Source: thtrangdai.edu.vn/en/
