Physical Education Teacher Fired After Student Drowning

Posted by Jesse Guerra on April 30, 2012

Last November the community in Wenatchee, Washington was rocked when a high school freshman drowned during what was supposed to be a normal high school swimming class.  Our swimming pool drowning lawyer discussed this case last year.   According to the Wenatchee World, the day he drowned, freshman Antonio Reyes was participating in a swim class overseen by physical education teacher Ed Knaggs.  Students in the next swim class found the freshman’s body at the bottom of the pool’s deep end.  According to an investigation he had been underwater for more than 40 minutes.  It was Reyes first time in the pool, and his parents claim that he did not know how to swim.  A swim assessment was held a week prior to the class, but Reyes did not participate.  Knaggs, a certified lifeguard, was supervising 26 students swimming in the class that day.

On April 20th Knaggs received a letter of termination from the school district after spending five months on paid administrative leave ever since the drowning.  The letter laid out 15 points showing probable cause for his firing including, failure to properly assess swimming ability prior to allowing students to swim, failure to provide close supervision, and failure to recognize the signs of swimmer distress.  He is appealing his termination.  Knaggs will remain the head coach of the Wenatchee AppleSox summer collegiate baseball team, who’s representative viewed the drowning as an isolated, unfortunate event.life ring 2.jpg 

Wenatchee School District Superintendent Brian Flores confirmed that Knaggs had been terminated, but was unable to comment on reasons why due to a pending lawsuit against the school district.  The lawsuit was filed by the Reyes’ family in December.  The suit is asking for $15 million dollar from the school district for criminal negligence and malfeasance by school officials.   Jesse Guerra, the swimming pool accident lawyer  at our firm has successfully handled many cases just like this one.

Our swimming pool drowning attorney was pleased to hear that the Wenatchee school district has announced that in light of this unfortunate drowning, changes will be made to how high school swimming classes are operated.  From now on a standardized test will be used to designate swimmers from non-swimmers prior to the beginning of any swim class.  This will help teachers to keep a better eye on those with less swim skills and make sure they stay in the appropriate area of the pool.  The school district is also adding an extra lifeguard to each swim class to help monitor the many swimmers.  An extra set of eyes on that many swimmers is always a positive change that can increase the level of safety in the pool.

Schools across the country hold swim classes, and many could benefit from changes like the ones the Wenatchee school district is making.  Contact the nationally renowned swimming pool accident lawyer Jesse E. Guerra Jr. if you or someone you know has been affected by a drowning accident.  Mr. Guerra can help you navigate the legal system and protect your rights after such an awful accident.  Mr. Guerra can also help you effect real change for the safety and benefit of all future pool users.

 

See Related Blog Posts: 

Swimming Pool Drowning in Front of Nine Lifeguards Leads to $10 Million Jury Verdict

Child Drowns in Community Pool Surrounded By Fifty Other Children

Mother of Drowning Victim Demands Answers About Suspicious Death

Posted by Jesse Guerra on August 09, 2011

Last week we reported on the tragic drowning accident involving twenty-two year old Kevin Akinfeleye at a late-night party.   The young man died last week while swimming with over thirty other guests at a public party at the Broadwater Mansion—a well-known facility used to house various gatherings. According to those at the scene, the man went into the pool with friends around 1 a.m.  Eventually his friends saw Akinfeleye slip under the water and not resurface.   Concerned for his safety, the friends talked to security guards about his disappearance and then called 911 to report the possible drowning.  Paramedics arrived to investigate, but they were turned away by off-duty police officers who had been hired to provide security for the event.  Each of the five officers were in uniform while at the party.    

It wasn’t until two hours later when the event was nearing an end that the young man’s body was discovered at the bottom of the pool.  It remains unclear why the officers would turn rescuers away or conduct even the most basic checks to ensure that no swimmer was in distress after hearing of the possible swimming pool drowning.  At the very least, common sense should have dictated that the pool be emptied so that rescuers could investigate.  Witnesses report that the water was particularly murky during the party, making it even more dangerous to swimmers—and making a check of the water even more essential following a report of a drowning.

WUSA News reports that the young man’s mother is understandably asking all those with information about the event to come forward and help piece together the tragic events that led to the accident.  The party in question had been advertised as a “pool party” by a group labeling itself “UCP.”  Videos promoting the gathering even appeared on YouTube.   Upwards of 300 people may have ultimately bought tickets to the event.

The local health department has conducted an investigation since the latest report, uncovering disturbing information about the lack of pool safety measures taken by organizers of the event.  The health department indicated that this type of gathering makes the pool public and subject to regulation.  When a public pool is being used for a public event such as the one here, regulations require that lifeguards be present to protect swimmers who use the water.  No lifeguards were present during the party. 

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Woman's Body Goes Unnoticed in Public Pool For Days After Swimming Accident

Posted by Jesse Guerra on June 30, 2011

A shocking story was reported throughout the country last night about a woman who suffered a swimming accident in a public pool and went unnoticed for three days.

Investigators revealed that the 36-year-old victim, Marie Joseph, was at the Veteran’s Memorial Swimming Pool in Fall River, Massachusetts while watching a 9-year old boy.  The woman was using the waterslide at the facility when she unexpectedly landed on top of the child.  The boy indicates the Ms. Joseph then went under the water and did not surface.  The child claims that he told a lifeguard about this, but they ignored him.    

Amazingly, it was not until three day later that the woman’s body was found.  A few local residents had jumped the pool’s fence at 10 p.m. to swim at night while the pool was closed.  Those individuals noticed the body floating in the pool and called the police. 

The swimming pool had been open and was used by many visitors during the three days that the woman’s body is believed to be underwater.  That means that neither lifeguards nor swimmers were able to spot the deceased victim at the body of the pool.

State officials were shocked to learn of the situation.  In response, the entire lifeguarding staff was placed on temporary leave until further investigation could be conducted into the situation.  In addition, each of the state’s 30 deepwater public pools were closed while safety procedures were reviewed.

The incident has startled many readers who cannot understand how such an accident could have occurred unnoticed.  However, when unsafe conditions at one of these pools exist and when lifeguards and operators are not thorough in their duties, then a wide variety of shocking swimming pool accidents often strike.  For example, lifeguards may not have noticed the distressed swimmer if the pool was too crowded or the water too murky.  If the water slide was not placed in a proper location that allowed guards to properly observe the goings-on, then dangerous falls and collisions could happen without observers being aware.

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Child Drowns in Community Pool Surrounded By Fifty Other Children

Posted by Jesse Guerra on June 07, 2011

Many more families are beginning to use swimming pools at this time of year as children are on summer vacation and parents look for activities to keep them busy.  Apartments, hotels, motels, community centers, water parks, and other locations are beginning to draw community members who are looking to escape the heat and participate in a classic summer activity.  A note of caution must be taken, however, as our pool accident attorneys know all too well the hidden risks that exist in so many of these pools.   

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For example, last week we posted a story on the tragic swimming pool drowning death of a seven-year-old Georgia boy who was killed when others in an apartment pool failed to notice that he had drifted below the water.  While it may seem rare for a drowning to occur within feet of others, it unfortunately happens quite often. 

Just this weekend WTHR News reported on an eight-year-old girl.   The victims was killed in a community swimming pool drowning, even though she was surrounded by at least 50 other children and many adult observers.  Aalayah Willis went to the Eagle Crossing subdivision pool where some of her relatives lived.  She began using the large community pool along with dozens and dozens of others in the area.  Eventually, Aalayah began to struggle to stay above water.  However no one noticed the child at the bottom of the pool until it was too late.  Her uncle eventually saw her and pulled her out, but there was little that could be done.

There was no lifeguard on duty.  It is unclear if there was an appropriate amount of swimmers in the pool or if the pool was overcrowded.  As we mentioned last week, an overcrowded pool represents a significant danger, because it is hard for onlookers to notice any struggling swimmers when the water is jammed with moving bodies.

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