"Our shared common sense tells us that the risk of drowning is present when swimming, although typically with small children,"
"Eichler's wholesale failures to provide a competent, attentive lifeguard coalesced in Sumanth's drowning death,"
A 38-year-old Palo Alto father, Sumanth Kolar, drowned after jumping from a diving board while swimming with his children. Children alerted the lone lifeguard, who pulled Kolar from the pool with help; rescue took three to ten minutes. Kolar was taken off life support two days later. The family sued the swim club for negligence, wrongful death and emotional distress, alleging the lifeguard worked six-hour shifts without breaks, wore jeans, lacked training and was assigned other duties. Swim club attorneys contend clothing did not cause the drowning and deny a duty to provide perfect surveillance. A trial is scheduled for January 12.
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