|
(Court TV) Off from school for the summer, 9-year-old Perrize Washington was supposed to be enjoying his vacation. His parents enrolled him in a program at a Jackson, Miss. organization called the Bethlehem Center that featured frequent field trips.
But while Perrize's parents claim that they were supposed to be informed of each individual field trip, they had no idea that on June 13, 2001, Perrize was headed to the Metropolitan YMCA to go swimming with the group.
The boy didn't make it home alive. He was found at the bottom of the pool in a section where the water was 12-feet deep.
Oscar and Vicki Washington are suing the YMCA, Bethlehem Center, individuals at the helm of the programs involved, as well as a string of corporations involved with running or funding the organizations.
They are seeking up to $50 million in damages in the wrongful-death suit, in which they claim a host of negligent factors caused their son's death.
Opening arguments are scheduled to begin Nov. 12 before a Hinds County jury and Judge Tomie Green.
The Story
Oscar and Vicki Washington say they signed a form from Bethlehem Center acknowledging that they knew the center took children on field trips and that waivers would need to be signed for each individual outing.
But on June 13, 2001, about 26 to 30 students, including Perrize Washington, headed to the YMCA — a trip the Washingtons were never informed of, they say.
On that day, there were six lifeguards on duty, but there were other children at the pool that day besides the group from the Bethlehem Center. The plaintiffs believe there could have been up to 175 children present, though others approximate the number between 75 and 90.
While the children were having their swimming skills assessed, Perrize slipped away from the group.
Two children eventually told YMCA employees that Perrize was missing. A search for the little boy throughout the facility ensued.
The plaintiffs say the adults looked everywhere except the pool. According to the Washingtons, the water in the pool was so cloudy that Perrize's body wasn't visible.
The children were finally ordered out of the pool, but the boy's body still was not apparent, according to the plaintiffs. Employees then ordered the children back in the pool, with Perrize's whereabouts still a mystery.
But a short while later, his body was found at the bottom of deep end of the pool, where the water was 12-feet deep.  | | The pool at the Metropolitan YMCA in Jackson, Miss., where Perrize Washington drowned. |
When he was pulled out of the water, according to plaintiffs, CPR was never performed on the boy. Furthermore, they charge no one there was properly trained to carry out the life-saving procedure.
Perrize was pronounced dead of drowning.
The Plaintiffs' Case
While no specific dollar amount is mentioned in the complaint, it asks for "all damages allowed under law including compensatory damages and punitive damages." The Washingtons' lawyer, Dennis Sweet, said he expects this to total from $20 to $50 million.
Punitive damages are based on omissions, conduct, breaches, failures and negligence which they believe were grossly negligent to all the children present. Judge Tomie Green has not yet ruled on whether punitive damages can be considered in this case.
The complaint also contends that as a result of the defendants' conduct, Oscar and Vicki Washington lost "the love, society and companionship of their son Perrize. The Washingtons also cite the loss suffered by their younger son, Martize, who was also present at the YMCA the day of the drowning.
The Washingtons maintain the defendants had a duty to protect the children and ensure the premises "was secure, safe, operated in a safe manner and with properly trained staff."
 | | Oscar, Vickie and their son Martize say the death of 9-year-old Perrize could have been prevented. |
The complaint also specifies that the pool staff failed to supervise a slide leading into the pool, which they believe Perrize slid down before the drowning. They claim that the defendants failed to provide qualified adult supervision and criticized the number of lifeguards on duty, charged that some of them lacked certification and failed to maintain a safe swimming environment.
Failure to keep Perrize from the deep area of the pool, to provide all the children with water safety instruction and non-swimmers with a flotation device were among the other charges in the complaint. Finally, Vickie and Oscar Washington claim the defendants also failed to keep the water clear, preventing Perrize from being found sooner.
The Washingtons are represented by Dennis Sweet, who has earned a reputation for winning big awards in high-profile civil suits such as the FenPhen diet pill case and wrongful death case against Ford Motor Co.
The Defense's Case
Lawyers for the various defendants named in the lawsuit have remained tight-lipped about trial strategy.
One interesting wrinkle in the case is that Frank Melton, a highly respected public figure in the Jackson community was named individually as a defendant in the suit.
Melton, currently the director of the Mississippi Bureau of Narcotics, also serves as president and CEO of WLBT Television in Jackson. At the time of the drowning, WLBT was partially subsidizing YMCA pool employees as well as the Bethlehem Center, and Melton himself was in charge of the YMCA's summer swimming program.
The plaintiffs charge that he is responsible for hiring and supervising lifeguards and the pool director.
Some speculate Melton has being targeted in this case more for political reasons than substantive ones.
Scott Baddley, the president and CEO of the Metropolitan YMCA, told local reporters that the number of lifeguards was not only within state guidelines, but "if anything, we were overstaffed at the time of the drowning."
At least some of the lifeguards are expected to testify. The plaintiffs will put a Red Cross pool safety expert on the stand to testify about lifeguard training and safety.
The case will be broadcast live on Court TV.
|