GALVESTON Ã¯Â¿Â½ A Bexar County couple is seeking damages from a local man for the drowning death of their son.
Joshua and Christina Lackey of Converse filed a lawsuit in Galveston County District Court on May 1 on behalf of the late Braden Trace Lackey against Oscar Gale Cochran III, alleging the Santa Fe resident's property lacked a protective structure that would have prevented the boy from gaining access to a nearby pond.
They accuse Cochran of negligence and wrongful death before the 10th District Court.
The Lackeys visited relatives in the area on May 26, 2006, states the suit.
Braden Trace Lackey, 4, and his brother reportedly played in one part of the residence that afternoon. Christina Lackey and Kay Lackey, the boys' grandmother, were cleaning one room and periodically checking on them.
It was after several instances Kay Lackey failed to locate Braden.
"A little after 3 p.m., Kay Lackey, Braden's grandmother, again went to the room to check on the boys. Braden Trace Lackey was not there," explains the suit. "All four adults in the house began to search for Braden Trace Lackey."
The parents and grandparents found the child "face down in the neighbor's pond." Christina Lackey screamed for help and all four adults went to the scene.
The suit asserts Joshua and Christina Lackey tried to save their son's life but to no avail.
"Braden's mother jumped into the pond and carried him to dry ground. Braden was not breathing. Joshua Lackey took Braden from his wife's arms and began CPR. Emergency responders arrived on the scene and took over the CPR. Unfortunately, the efforts were unsuccessful."
According to the suit, "Cochran's property had an unfenced pond roughly 250 by 600 feet and the pond was located less than 220 feet from the back door of the home."
It also alleges "the defendant had been asked and had declined to fence the pond or his backyard."
"The defendant did not exercise reasonable care to eliminate the danger or otherwise protect Braden Trace Lackey and defendant's breach proximately caused the accident and Braden Trace Lackey's subsequent drowning."
The estate of Braden Trace Lackey is represented by Greg Reed. The case has been assigned to Judge David Garner.
Case No. 08CV0452