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Woman Who Suffered Brain Damage after Drowning to receive $7 million

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Erie County, New York will pay $7 million to settle a personal injury lawsuit that blamed the county for failing to properly train or supervise lifeguards at the city pool, which was operated by the county at the time of the incident. The case involves two lifeguards who, while on duty, failed to see that Jannette Morales, 37, was in trouble, and failed to help her son as he tried to rescue her.

The lawsuit says that the lifeguards were “inattentive, engaged in conversation or speaking and texting on their telephones, despite the fact that the pool was extremely crowded and that many of those in the pool were rowdy and engaged in prohibited activity.” The lawsuit also says that “had the lifeguards properly monitored the pool and provided prompt assistance,” Morales “would have received CPR in a more timely manner and her severe injuries would have been averted or significantly lessened.”

Morales suffered brain damage from the incident, which occurred in 2009.

The county and city where the West Side Rees-Allison Pool is located are currently in a dispute over which should pay the settlement. County attorneys have filed notice that they plan to appeal the decision of State Supreme Court Justice Fredrick J. Marshall that the county was responsible for the settlement.

 

 

breakinglawsuitnews.com disclaimer: This article: Woman Who Suffered Brain Damage after Drowning to receive $7 million was posted on Wednesday, December 21st, 2011 at 7:58 pm at breakinglawsuitnews.com and is filed under Personal Injury Lawsuits.

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