Trial Magazine

Doe, 15, was swimming with his friends at a municipal recreation center when he suddenly sank to the bottom of the pool. After several minutes, his friends recognized that he was in danger, dove to the bottom of the pool, and brought him to the surface. A lifeguard allegedly helped lift Doe out of the pool and performed CPR.

Doe was taken to a hospital, where he was diagnosed as having aspiration pneumonia and anoxic brain damage.

Doe sued the municipality, alleging liability for its lifeguard’s failure to jump into the pool to rescue him. The plaintiff claimed that video footage showed that the lifeguard had stepped off the lifeguard stand, walked to the edge of the pool, and peered into the deep end but did not go into the pool to bring Doe to the surface.

The parties settled for $1 million.

Citation: Doe v. Roe Municipality, Undisclosed Dkt. No. (N.C. Confidential Ct. June 26, 2020).

Plaintiff counsel: AAJ member Lee Olive and Whitney Brooks, both of Charlotte, N.C.