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  • Carl Belen

    Five-Year-Old Boy Drowns in YMCA Pool with One Lifeguard for 38 Kids, Family Files $20M Lawsuit

    2023-12-09
    • Auston Wingo Jr., a 5-year-old boy, drowned in a YMCA daycare pool in Pulaski County, Virginia.
    • The YMCA faces a $20 million lawsuit for negligence, with one lifeguard overseeing 38 children, many of whom couldn't swim.
    • The lawsuit seeks $15 million in compensatory damages and $5 million in punitive damages for the family.

    A tragic incident at a YMCA daycare in Pulaski County, Virginia, has led to a $20 million lawsuit after Auston Wingo Jr., a 5-year-old boy, drowned in the daycare's pool.

    The lawsuit alleges that the YMCA was negligent in allowing one lifeguard to supervise 38 children, many of whom were not proficient swimmers. On the day of the incident, December 6, 2021, Auston was found floating face down in the pool by two other children, having received no flotation device or swim test prior to entering the water.

    Auston tragically passed away in the hospital due to drowning injuries, including a lung full of water. The lawsuit claims that neither the single lifeguard on duty nor the three other daycare workers noticed Auston struggling in the eight-foot deep end. The family's attorneys, Dirk Padgett and Steve Baker, are seeking $15 million in compensatory damages and $5 million in punitive damages, stating that Auston was "ignored, unattended, forgotten, and neglected."

    An investigation revealed that the incident was not an intentional act, but questions arose about the lifeguard's attention, reportedly distracted by her phone. Auston, described as having "unshakable optimism" and dearly missed by his school community, struggled frantically for his life in the water, unbeknownst to the staff. The YMCA's CEO expressed devastation over the incident but refrained from commenting further due to ongoing legal proceedings.

    SOURCE


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