Osborn Machler: Family of Wenatchee Drowning Victim Settles Negligence Case

SEATTLE, Oct. 16, 2012 /PRNewswire/ -- The attorney representing the family of Wenatchee drowning victim Antonio Reyes today announced a $2 million settlement in a negligence lawsuit filed against the Wenatchee School District.

On November 17, 2011, students found the 14-year-old Wenatchee High School freshman's body at the bottom of the deep end of the school's pool, where he participated in an aquatic P.E. class during the previous period. Witnesses reported seeing him present during the class, but could not recall his participation in the activity of the class, water polo.

According to his parents, Reyes could not swim. He may have been underwater for as long as 40 minutes before his body was discovered by classmates.

The family filed a lawsuit alleging that the school failed to follow reasonable safety procedures and was grossly negligent, creating the conditions that led to Reyes' death.

During Reyes' P.E. class, there was only one instructor present and no other, dedicated lifeguard on duty. During a warm-up activity in the deep end of the pool, Reyes could not stay afloat.

"Reyes wasn't tested to see if he could swim, and yet, he was told to tread water in the deep end of the pool without a dedicated lifeguard to watch out for his safety," said Sim Osborn, the attorney for the Reyes' family. "The result was as predictable as it was tragic."

The Wenatchee School District has agreed to a settlement the family, which includes enhanced safety protections for swimmers at Wenatchee High School as well as $2 million.

"Unfortunately, there is nothing we can do to bring the Reyes' son back; no amount of money can ever heal the wounds the Reyes family endured through the loss of their son Antonio," said Osborn. "But through this horrible tragedy, we've made sure that school policy has changed so no other family will suffer the same tragedy."

As part of the settlement terms, the superintendent of the Wenatchee Public School District issued a formal apology to the Reyes family and pledged to implement new and more effective safety protocols.

"We have taken substantial measures to prevent similar accidents in the future, so that your family's loss will not have been in vain," wrote Brian Flones, superintendent. 

"The most important thing to us is the peace of mind we now have knowing there will always be a lifeguard present at the pool, and no other parents will have to endure what we've been through," said his father, Juan Jose Reyes.

Reyes is survived by a twin brother, in addition to his father and mother.

About Osborn Machler
The attorneys at Osborn Machler represent plaintiffs in personal injury, products liability, and professional malpractice cases. Osborn Machler is noted for taking difficult cases and successfully taking them to settlement or trial. The firm has extensive experience representing injured persons against federal, state, and local governments. You can learn more about the firm, its cases and expertise at www.osbornmachler.com.

CONTACTS:

Sim Osborn (206) 441-4110
Osborn Machler
[email protected]

Mark Firmani (206) 443-9357
Firmani + Associates Inc.
[email protected]

SOURCE Osborn Machler