STATE JOURNAL-REGISTER
The mother of a 16-year-old boy who drowned in
Lake Springfield last summer has sued the city,
saying her son would still be alive if
lifeguards had been more attentive.
After the tragedy last July 14, City Water, Light and Power officials said that two lifeguards were on duty and another eight were present when Eric M. Jones, who could not swim, drowned.
However, in the lawsuit filed Friday, Mary Yarborough, Jones’ mother, says that all 10 lifeguards were on duty, but only two were at designated lifeguard stations. The other eight, Jones’ suit claims, were playing volleyball, sunbathing, diving, congregating at a beach house, floating in inner tubes and flipping each other in the shallows.
Furthermore, Yarborough alleges, chairs at the two manned posts faced the diving area, and guards in those chairs could not have seen Jones slip under just 20 feet from the nearest manned chair without significantly turning their heads. An unmanned guard station faced directly toward the area where Jones disappeared, Yarborough says.
Marcus Jones, Eric Jones’ brother, and a friend who were both with Eric Jones also nearly drowned, according to the lawsuit, and guards did not immediately respond to Marcus’ cry for help.
City attorney Jenifer Johnson said Monday the city hasn’t been served with the lawsuit, she hasn’t read it and could not comment. CWLP spokeswoman Amber Sabin said she would check into how many guards were officially on duty. She did not call back.
“The fact of the matter is, these lifeguards were all employed and on the clock at the time of the incident, and therefore on duty,” said Todd Bresney, attorney for Yarborough.
While Yarborough is asking for more than $50,000, the lawsuit doesn’t state a precise amount of damages, and Bresney said money isn’t the point.
“Their (Jones’ family) concern is that this not happen again when the swimming facility reopens,” Bresney said.
The beach, which has not reopened since the tragedy, was closed this summer because the city wanted to save $181,000 in operating costs, CWLP officials have said.
In addition to the lifeguards, Bresney criticized the investigation of Jones’ death by Springfield police.
“These officers ultimately did take statements, but only after they (witnesses) went to the police station,” Bresney said.
It took lifeguards more than 20 minutes to find the submerged Jones, the suit says. It also alleges the city failed to properly train and supervise lifeguards, and that the city had no emergency plans in place in the event of a drowning incident.
In addition, the suit says, lifeguards didn’t immediately respond to an emergency whistle.
Bruce Rushton can be reached at 788-1542.
After the tragedy last July 14, City Water, Light and Power officials said that two lifeguards were on duty and another eight were present when Eric M. Jones, who could not swim, drowned.
However, in the lawsuit filed Friday, Mary Yarborough, Jones’ mother, says that all 10 lifeguards were on duty, but only two were at designated lifeguard stations. The other eight, Jones’ suit claims, were playing volleyball, sunbathing, diving, congregating at a beach house, floating in inner tubes and flipping each other in the shallows.
Furthermore, Yarborough alleges, chairs at the two manned posts faced the diving area, and guards in those chairs could not have seen Jones slip under just 20 feet from the nearest manned chair without significantly turning their heads. An unmanned guard station faced directly toward the area where Jones disappeared, Yarborough says.
Marcus Jones, Eric Jones’ brother, and a friend who were both with Eric Jones also nearly drowned, according to the lawsuit, and guards did not immediately respond to Marcus’ cry for help.
City attorney Jenifer Johnson said Monday the city hasn’t been served with the lawsuit, she hasn’t read it and could not comment. CWLP spokeswoman Amber Sabin said she would check into how many guards were officially on duty. She did not call back.
“The fact of the matter is, these lifeguards were all employed and on the clock at the time of the incident, and therefore on duty,” said Todd Bresney, attorney for Yarborough.
While Yarborough is asking for more than $50,000, the lawsuit doesn’t state a precise amount of damages, and Bresney said money isn’t the point.
“Their (Jones’ family) concern is that this not happen again when the swimming facility reopens,” Bresney said.
The beach, which has not reopened since the tragedy, was closed this summer because the city wanted to save $181,000 in operating costs, CWLP officials have said.
In addition to the lifeguards, Bresney criticized the investigation of Jones’ death by Springfield police.
“These officers ultimately did take statements, but only after they (witnesses) went to the police station,” Bresney said.
It took lifeguards more than 20 minutes to find the submerged Jones, the suit says. It also alleges the city failed to properly train and supervise lifeguards, and that the city had no emergency plans in place in the event of a drowning incident.
In addition, the suit says, lifeguards didn’t immediately respond to an emergency whistle.
Bruce Rushton can be reached at 788-1542.
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