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View Full Version : Our local school is being sued...your opinion?



wingsfan
05-29-2003, 06:41 AM
If I had known there was only ONE adult for TWENTY kids in a HUGE pool and that he wasn't even dressed to be in the pool I would never have allowed my daughter to participate...i am SO angry they allowed such risks!! :mad:


Antwerp schools sued over probable drowning
By LISA NICELY
Staff Writer
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ANTWERP - The parents of a 9-year-old boy who drowned last year in the Antwerp Local Schools indoor swimming pool have filed a wrongful death lawsuit against the school district, its superintendent and the swimming class instructor.

Christopher Thompson was a fourth-grade student at Antwerp when he allegedly drowned during a swimming class on Sept. 30, 2002. The Paulding County coroner determined the cause of Thompson’s death was a probable drowning.

In the suit, filed in Paulding County Common Pleas Court, Thompson’s parents, Chadwick and Julie Thompson, allege that in violation of state revised and administrative codes: the teacher, Drew Altimus, was acting as both lifeguard and swimming instructor when law requires a lifeguard and an instructor to be on duty, that Altimus did not have lifeguard or first aid certification, and he was not prepared (dressed in a sweatsuit) to go into the water at the time of the incident.

According to the complaint, Altimus had told superintendent Dave Bagley in the spring of 2002 that he was no longer certified as a lifeguard. The suit also alleges that Altimus did not tell Bagley he did not have any other certifications, such CPR and first aid, and Bagley did not ask Altimus if he had other certifications.

The suit also alleges that when Altimus saw Thompson at the bottom of the pool, he asked three other children to rescue him and that Altimus never went into the water.

The “conduct of Bagley, Altimus and Antwerp school district, each individually and collectively, was a direct and proximate cause of (Thompson’s) death,” the suit claims.

Bagley declined comment on the lawsuit, but the district’s attorney, Joan Szuberla of Spengler, Nathanson Attorneys at Law in Toledo, stated that a response to the suit would be filed in court within the next month.

“There were no violations of applicable Ohio law,” said Szuberla. “We believe it will be found that no defendant violated any law applicable.”

The Thompson family is seeking a money judgment in excess of $25,000.

seawinds
05-29-2003, 06:48 AM
Sad....

mlathroum
05-29-2003, 06:50 AM
How can he be a swimming instructor but not in the pool with them? Let alone the fact he wasn't even dressed so he could go in if they had a problem!! He didn't even jump in after the kid but said "you guys go get him".
He deserves to loose his job. I would sue the school system if that was my son that died also. I would also sue the school system as the parent of a child in that class. The other children were put in danger also and to see their friend die had to have an effect on them. I won't be surprised to see more suits filed on behalf of the other children.

wingsfan
05-29-2003, 07:07 AM
The sad part is they will probably settle out of court with no wrong-doing admitted...Drew will keep his job and since the new school has no pool, nothing will happen.

okie
05-29-2003, 07:25 AM
He needs to be sued,the school needs to be sued and he needs to be put in prison.

mom4angels
05-29-2003, 10:33 AM
I woould hold the school responsible and the school board for that county. I would sue if I was the parents of the three children that had to go under the water and get the poor child. I think that the law should have charged him with child endangerment any thing else they could.

schsa
05-29-2003, 11:35 AM
If all they want is $25,000, the school system will settle. The teacher should be fired or at least not rehired. I think that I would be asking for alot more if it were my child who drown.

wingsfan
05-29-2003, 11:36 AM
Originally posted by Fireball
NO, you got me wrong. Read carefully.

Someone said the kids who watched it happen should sue, and I think THAT is too litigious and opportunistic.

The negligent death of the child SHOULD be compensated for in civil court AND the teacher should be charged in criminal court.

In this country, all civil suits are for damanges: money.
Criminal court can end in varied actions (jail time, probation, public service, traffic school, etc.), but if you sue as a private citizen, it's for money.

I should clarify that there are NO criminal charges pending, the teacher was only suspended with pay for one week during the initial investigation.

texasgander
05-29-2003, 01:34 PM
Why are elementary age kids even IN a pool during school???? Isn't that usually just reserved for high school?????? No way would my elementary age kid even be anywhere near the water without me there.....JMO So sorry for the parents of the child that drowned...

stresseater
05-29-2003, 10:50 PM
Don't worry fireball I get you and I totally agree. Now the parents of the child who died certainly have a case. The children of the three asked to pull him out do not. It was wrong to ask them but they sufferred no damages and believe it or not they will live. May that be the worst thing they ever have to see. When I was in the 4th grade I went to a school with big brick pillars out front off a busy street. A guy on a motorcycle crashed into it one afternoon right outside of our room. I remember the teacher announcing the wreck and we all gathered at the window to look.(as kids will) Without the graphic description suffice it to say he was going very fast and had no helmet on. Not a single one of us was scarred for life. Nobody sued and it taught a lot of us that there are consequences to our actions. As for the pool in the grade school we had one at the kindergarten center I went to. We had a kitchen too and we actually got to use it I remember making pudding there once,the kind you cook. hahaha talk about negligence a room full of 5 year olds and a working stove:eek: :eek: :D

freebiegrl22
05-29-2003, 10:55 PM
I agree with Jaybird, I would press charges, not sue...

Heck, I live 20 minutes away from antwerp and didn't even know it was going on...I've been swimming there a couple of times too...this is such a sad event...

jadegentle
05-29-2003, 10:56 PM
I've said it from the beginning, someone needs to nail the supposed lifeguard and whoever supposedly checked things out butt's to the wall!

freebiegrl22
05-29-2003, 11:01 PM
Antwerp is going down fast, a lawsuit will tear them apart, all ya'll hillbilly's are going to be shipped to Defiance, lol...

I still don't understand why a small child was present and the supposed teacher wasn't even in his swimming gear...makes no sense...He should not have been in the pool in the first place...just so many unanswered questions. I will pray for their family...

jadegentle
05-29-2003, 11:45 PM
Originally posted by freebiegrl22
Antwerp is going down fast, a lawsuit will tear them apart, all ya'll hillbilly's are going to be shipped to Defiance, lol...

I still don't understand why a small child was present and the supposed teacher wasn't even in his swimming gear...makes no sense...He should not have been in the pool in the first place...just so many unanswered questions. I will pray for their family...

The kid's at Spencer school, or one of the other elementary schools, go to Ayersville for an "end-of-the-year" swim. Or at least they did a couple of years ago.

wingsfan
05-30-2003, 05:35 AM
Originally posted by freebiegrl22
I still don't understand why a small child was present and the supposed teacher wasn't even in his swimming gear...makes no sense...He should not have been in the pool in the first place...just so many unanswered questions. I will pray for their family...

It was GYM class...the elementary did swimming for 6 weeks in the fall and 6 weeks in the spring. The "instructor" was the Phys. Ed. teacher. As for this tearing the town apart, I doubt it...everyone is on Drew's side. I know him and I know he's torn up about it but I DO feel he is responsible for this. He knew he had no certification He should NOT have had the swimming class until he did...and would it have been so hard to get a few high schoolers out of study hall to have a few more sets of eyes?? or even the teachers?? I still feel it will be settled quietly out of court, I'm amazed that we got the details we did because when it happened it was all hushed up.

freebiegrl22
05-30-2003, 08:16 AM
I think he is responsible too...And you are right, it was pretty hushed up...I never even heard about it...That guys pain must be horrendous...as well as the parents too...so much pain...its weird that it can occur in just 5 minutes...I will continue to pray, that's all I can do...