American National Red Cross sued after boy nearly drowns

A woman is suing after her son is severely injured on daycare trip to pool.

Rochelle Lanise Scott, individually and as next friend of Caleb Ryan Smith, a minor child, filed a lawsuit Jan. 21 in the United States District Court for the Eastern District of Texas, Marshall Division, against The American National Red Cross and Jason Thompson, citing gross negligence. 

According to the complaint, on June 9, 2009, Caleb Ryan Smith was at the League Street North city pool owned by the city of Sulphur Springs with his daycare, His Kids Learning Center, when the then 6-year-old wandered away from his teachers and was later found at the bottom of the pool.

The plaintiff alleges a nearby lifeguard was summoned, but failed to respond as she should have, making it necessary for a daycare teacher to jump in to retrieve Caleb.

The defendants are accused of improperly or negligently training the lifeguard staff present that day.

According to the lawsuit, Caleb suffered chronic respiratory failure, spasticity, urinary retention, anoxic brain injury and is not expected to ever be capable of functioning normally again, requiring his mother's care in addition to approximately 96 hours a week of nursing care from a health agency.

Scott is seeking damages in excess of the jurisdictional limit.

She is being represented in the case by attorney Jack N. Boyd Jr. of Boyd & Burgess LLP.

United States District Court for the Eastern District of Texas Case No. 2:14-cv-00032-JRG.

 

This is a report on a civil lawsuit filed in the United States District Court for the Eastern District. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.