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Saturday, June 22, 2024

Another lawsuit over near-drowning alleges lifeguard busy on phone

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MEDIA - The mother of a child who nearly drowned in a community pool while a lifeguard was busy looking at her phone has filed a second lawsuit over the incident.

Jenna Wesley filed suit May 28 in Delaware County Court of Common Pleas as the natural guardian of minors AB and CD, against Grube’s Pool Service, Trident Property Management LLC, Sadsbury Park Community Association, and unnamed defendants.

The suit comes two weeks after the children's father sued the same defendants on behalf of the CW, the child who nearly denied. Jenna Wesley is CW's mother and now sues on behalf of her other children.


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The incident occurred on May 30, 2022. The complaint alleges negligence on the part of the defendants in maintaining and supervising a community pool where the incident took place. 

A lifeguard was looking at her phone as CW drowned, the suits say. AB pulled her out of the water and "pushed her limp body onto the pool deck," the suit says.

Another pool-goer administered CPR, and CW was taken to the pediatric intensive care unit at Children's Hospital in Philadelphia.

The siblings accuse the defendants of negligent infliction of emotional distress. They are represented by Michael McIlmail and Nicholas Mattiacci of N.W. Mattiacci Law.

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