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Parents sue in son’s 2017 drowning in PdC

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Wacouta Aquatic Park in Prairie du Chien has rectified a number of violations at its outdoor pool since the August 2017 drowning of a 4-year-old.

By Correne Martin

The parents of the 4-year-old boy who drowned at the Prairie du Chien public pool last August are suing the city and the school district for his wrongful death. The family, which is represented by Trial Lawyers for Justice, has requested a jury trial and is seeking an unknown amount of damages.

According to documents filed in Crawford County Court recently, Kurt Warrington and Rachael Warrington, parents of the late Kashton, claim their son died because the city and school district were “negligent in their supervision and custody of [Kashton].”

On Aug. 2, 2017, the Prairie du Chien Police Department reported that a boy was pulled unconscious from the outdoor pool during swimming lessons at Wacouta Aquatic Park. The boy was taken to Crossing Rivers Health in Prairie du Chien and then immediately medflighted to a La Crosse hospital, where he died two days later, according to authorities. 

The pool was closed for four days following the incident, for investigative purposes and as lifeguards went through a debriefing process, Police Chief Chad Abram then said.

The complaint alleges, “a happy and healthy” Kashton was taken to the local pool by his grandparents for a level 1 swimming lesson. The city pool required that his grandparents, like all spectators, remain outside the fenced area of the pool during the lessons. The complaint says, “Due to the pool’s waterslide (and the fact that the grandparents were forced to remain outside the fence), [Kashton]'s grandparents were not able to monitor him at all times during the lesson.”

The swim lessons were operated in conjunction with summer school classes and were supervised, instructed and lifeguarded by staff from both the city and school district, court documents noted. But, according to news reports, the Prairie du Chien School District did not have Kashton listed as a summer school student at the time.

The boy’s class involved 18 young participants—who were considered “non-swimmers” due to their lack of swimming skills. According to the complaint, “They were taught by two (city-employed) individuals who were not certified lifeguards ... in the south end of the pool in the zero-depth area.” However, a certified lifeguard was responsible for instructing the other three classes that were going on at the time: an adult water aerobics class, a parent/tot class (with five parents and five children), and a level 2 swim class that had three children participating. The lap area was also open to the public, and there were about six patrons.

Tragically, the complaint alleges, “the employees of the city and school district lost track of [Kashton],” who didn’t know how to swim, and he was not found “until the class was almost over.”

“Ultimately, [Kashton], who sustained no traumatic injuries, was found face down in the lap swim area. [He] was found in 4 feet of water ... It was estimated that [he] was submerged for between five to 10 minutes before he was discovered ... unconscious,” states the plaintiffs’ lawsuit.

The report adds that another parent, who is a medical doctor, and another individual started CPR immediately upon finding Kashton. In hospital care the following days, he showed limited reaction, before passing away Aug. 4.

A Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) inspection identified 16 violations at the pool, ranging from empty soap dispensers to a missing shepherd’s crook. The DATCP incident report says there was inadequate lifeguard supervision in the class, in which Kashton was enrolled; there was no safety rope between the shallow and deep end during the class; and there was no lifeguard staffing plan.

The city of Prairie du Chien has since rectified those violations, according to news reports. 

The summons, complaint and jury demand filed in Crawford County requested a written answer from the defendants, due last week. According to court documents, the insurance companies for all parties are involved in this case as well. 

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