Girl loses consciousness in pool during field trip: Negligent supervision: Wrongful death: Verdict

Law Reporter, May 2004

Evans v. Brandywine YMCA, Pa., Chester County C.C.P., No. 01-08195, Oct. 31, 2003.

Evans, 11, was on a class field trip to a swimming pool. An hour after the students got to the pool, Evans was found floating face-down and unconscious in the water. She died of acute respiratory distress syndrome (ARDS) a month later. Her medical expenses were $55,000. She is survived by her mother and siblings.

Evans's estate sued the local YMCA, a branch of the national organization, alleging negligent supervision in that the head lifeguard had only assigned two lifeguards to monitor the crowded pool. Plaintiff alleged that Evans must have been in the pool for at least one to two minutes, and the fact that she had aspirated vomit demonstrated that water had entered her lungs. Had there been more lifeguards, plaintiff argued, she would have been noticed much faster.

Defendant contended Evans was found within 45 seconds of her submersion, proving the lifeguards were doing their jobs adequately. Defendant also claimed Evans vomited because she had just eaten, rather than because water had entered her lungs. Thus, the ARDS was a result of her vomiting, rather than her submersion.

A jury awarded $800,000.

Plaintiff's expert witnesses in this case included Jerome Modell, anesthesiology, Gainesville, Fla.; and Gerald Dworkin, aquatics, Harrisville, N.H.

Defendant's expert witnesses in this case included David Prince, pulmonology, Bryn Mawr, Pa.; and Allen Wagner, aquatics, North Versailles, Pa.

Plaintiff's Counsel

*Mark Brecher, Philadelphia, Pa.

Susan Morgan, Philadelphia, Pa.