Osborn Machler: Family of Wenatchee High School Drowning Victim Sues School District

SEATTLE, May 11, 2012 /PRNewswire/ --The family of Antonio Reyes, the fourteen-year-old student who drowned during a physical education class in Wenatchee High School's pool last November, today announced its filing of a civil lawsuit against the Wenatchee School District alleging the school district was negligent, failing to provide a safe environment for students, resulting in Reyes' death.

Reyes drowned in Wenatchee High School's pool on Nov. 17, 2011. The suit, filed May 11, 2012, in Chelan County Superior Court, alleges that the school was negligent, failing to provide a dedicated lifeguard during class or appropriate training for employees, and prevent non-swimmers from entering the deep end of the pool.

"We intend to prove the school did not take even the most basic steps to protect Reyes," said Sim Osborn, the attorney representing the Reyes family. "For instance, it did not test Antonio to see if he could swim before letting him participate and failed to provide a dedicated lifeguard, placing too much trust in an instructor who was not properly trained and preoccupied teaching the class."

According to the Wenatchee Police Department, school staff did not realize Reyes was lying at the bottom of the pool for at least 40 minutes. Reyes could not swim, according to his parents.

"We hope that this case raises awareness and prevents this from ever happening again," said Osborn. "We believe that the school must be held accountable for its abject failure in protecting a child entrusted to its care."

According to a status incident report commissioned by the school district, the class consisted of a series of activities, including a warm-up exercise in which the students tread water, a group exercise in which students locked arms and moved together in the shallow end of the pool, and a game of water polo. The report concluded that Reyes drowned during the warm-up exercise.

The school investigated the matter and dismissed physical education teacher Ed Knaggs, who was teaching the P.E. class on the day of the incident.

In a letter to Mr. Knaggs on April 20, 2012, informing him of his termination, the school concluded that five students were not tested to see if they could swim. Nonetheless, according to the letter, Mr. Knaggs directed all students to tread water in the deep end of the pool.

"Juan and Filomena Reyes lost their son and Antonio's brothers lost their brother in this horrible incident," said Osborn. "Those responsible for Antonio's death should be held accountable."

The lawsuit mirrors an administrative claim filed by the family in December. The school failed to resolve the claim within 60 days, allowing the Reyes family to file the suit.

"This lawsuit was filed as a last resort," said Osborn. "Parents trust that their children will be safe in school and we believe the district broke that trust. We fought to resolve this case, but the school district was less than realistic about the loss to the Reyes family."

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 [phone]
Osborn Machler
[e-mail]

Mark Firmani [phone]
Firmani + Associates Inc.
[e-mail]

SOURCE Osborn Machler