A Virginia YMCA has been hit with a $20 million lawsuit over the death of a 5-year-old boy who drowned in the deep end of a crowded pool — allegedly manned by only one lifeguard who was on her phone.
The devastated mom of little Auston Wingo, Jr. accused the Pulaski County YMCA of having just one lifeguard and three childcare worker present to supervise the at least 38 kids, ages 5 to 10, swimming of the afternoon her son died in 2021, according to the suit filed Monday.
While Wingo, who couldn’t swim, was in the pool, the lifeguard “began to look at what is thought to be her cellular phone while there were no fewer than 34 program children in the pool,” states the Pulaski County Circuit Court suit from Contessa Gallimore.
The boy “frantically fought for his life in eight feet of water while trying to regain the side of the pool before he lost his life and went under the water, approximately 36 feet in front of the lifeguard stand, without being noticed by any” staff, read the court papers, first reported by local CBS affiliate WDBJ.
The boy and the other children were enrolled in the Y Excel childcare program and were taken swimming during a virtual learning day during the COVID pandemic on Dec. 6, 2021, according to the suit.
Wingo didn’t know how to swim but no one asked his parents or gave him a test to see what his capabilities were and he wasn’t given any flotation device, the court papers allege.
He “lost his grip on the side of the pool and began struggling,” all within direct view of the lifeguard — but no one noticed him “struggling to stay above water,” the suit claims.
The three childcare workers there “were not properly stationed on the pool deck so as to be able to supervise all the children in the pool,” the filing alleges.
One worker even “abandoned her post on the pool deck,” while another was helping a child with their goggles, and the third wasn’t paying attention to the deep end, the court papers state.
It was only when two other children noticed Wingo “floating face down underwater,” that the staff finally became aware of what happened, the suit claims.
Still, they “did not attempt to rescue” Wingo by performing CPR on him and the lifeguard didn’t know where the defibrillator was, “causing a delay in providing emergency care” to the child, the lawsuit alleges.
When emergency workers arrived, they took Wingo to the hospital where they found at least one of his lungs “was completely full of water.”
He died of his injuries that night, the suit claims.
A special prosecutor investigated the incident finding that the death was not intentional and that there was no criminal negligence, the outlet reported.
Wingo’s family’s lawyers, Dirk Padgett and Steve Barker, said while they know how important YMCAs are in their communities, “someone has to be held accountable.”
“Society demands accountability for this little boy who will never experience a full life,” the attorneys said in a statement to the outlet.
“Many of the prior employees of the YMCA have moved on – something Auston will never do – so this lawsuit represents the family’s effort to seek justice for the loss of their son and to obtain the accountability they deserve.”
Gallimore brought claims of gross negligence against the YMCA, the YMCA director, the lifeguard and the childcare workers.
Her suit seeks $15 million in compensatory damages and another $5 million in punitive — or punishment — damages.
Pulaski County YMCA CEO Dave Adkins said they were “devastated” by Wingo’s death.
“We are aware that YMCA of Pulaski County has been named in a lawsuit stemming from his death,” Adkins said. “While we cannot comment on pending litigation, the Y takes all allegations of misdoing very seriously and are fully cooperating in all facets of the legal process.”
Adkins didn’t immediately return a message left with the Pulaski YMCA.