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Verdicts & Settlements: Premises Liability

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Failure to provide trained lifeguards at party venue

July 25, 2019

Julius Francis, 66, was attending his grandson’s birthday party at a rental venue in Ocala, Fla. The venue had a large resort-style swimming pool with water attractions and a water slide adjacent to a deep plunge section. Although the family had paid the venue to provide two lifeguards for the event, the lifeguards lacked certification or any training.

While in the pool, Francis suffered a cardiac event, which caused him to drown.

His estate claimed that the venue and its management group failed to provide trained lifeguards to monitor swimmers. The claimant also alleged that cloudy pool water allowed Francis to become submerged after the cardiac event.

The parties settled for the defendants’ $1 million policy limits before suit was filed.

Citation: Francis v. BG Ocala Farms, LLC, settled before filing, May 13, 2019.

Claimant counsel: AAJ members Michael A. Haggard and Jason R. Brenner, both of Coral Gables, Fla.; and Edward McClellan, Ocala, Fla.

Claimant expert: Gerald Dworkin, pool safety, Kennebunkport, Me.