Pool Drowning Results in Settlement
Posted on Sep 01, 2009
The widow of a man who drowned during a nudist party in 2007 has settled a wrongful death suit brought against the pool owner for $246,000. The family of a 72 year old retiree drowned in 2007 and claimed the facility violated state law by not providing a lifeguard for a party held by the West Penn Naturist nudist club. The cause of death was ruled accidental by the medical examiners office. Lawyers for the widow, Barbara Daugherty, 74, said in court filings that the pool owner had a duty to provide a lifeguard under state law. The pool owner countered that she had a 23-year agreement with the nudist club, which holds parties every other Saturday night at her pool, that they would take full responsibility for all activity during their events and had the clud sign a waiver to that effect. The victims family lawyers said the waiver did not matter and that the pool owner was liable as the owner.