Fill out this form to email this article to a friend
Lawsuit says negligence led to drowning at swim event
A girl's parents are suing the Westchase community association and others, alleging wrongful death.
By STEPHANIE HAYES
Published November 3, 2005
 |
 |
|
Kiana Appleby, 8, was found dead in the deep end.
|
TAMPA - The family of a girl who accidentally drowned in Westchase's swimming pool is suing the community.
Keith and Diana Appleby filed a wrongful death lawsuit Wednesday against Westchase's community association, management company and swim team for the death of their 8-year-old daughter, Kiana.
The family has waited six months to hear answers from the community association, which has said it would comment on pool safety procedures after the Sheriff's Office closed the case. That was more than a month ago, and officials still aren't talking.
Association president Daryl Manning said he had not seen the lawsuit late Wednesday.
Kiana's Dolphins swim team was practicing May 5 when a storm hit. The team was ordered out of the pool, and about 30 children gathered under a shelter when one child noticed Kiana was missing.
A staff member counted heads, checked restrooms and walked around the pool before Kiana was spotted in the deep end, according to the Hillsborough County Sheriff's Office.
The suit said swim coach Graig Fischer, assistant coach Jessica Reed and lifeguard Matthew McCausey were in charge at the pool that day and alleges they neglected to make sure everyone left the pool. It also claims the employees failed to walk around the pool or do a head count, as the Sheriff's Office reported.
The association, which manages the pool, didn't provide adequate supervision at the pool or set clear safety procedures, the suit says.
After her death, Kiana's tissue was sent to Boston to test for a possible heart defect. In September, the medical examiner learned that the tissue was too degraded to test.
The medical examiner ruled the drowning accidental.
The Applebys' attorney, Robert Herce, could not be reached for comment.
[Last modified November 3, 2005, 01:06:17]
Share your thoughts on this story
|
News
Fifty years ago, they were screwed-up kids sent to the Florida School for Boys to be straightened out. But now they are screwed-up men, scarred by the whippings they endured. Read the story and see a video and portrait gallery.
Print
Email story
Comment
Email editor
