Wrongful death suit filed after drowning

March 25, 2009 3:20:44 PM PDT
The mother of Jamar Garrett says the past couple of years have been devastating for her family.Nearly two summers ago, one of her three sons died and her youngest witnessed the drowning.

Now, she's fighting back against the company that managed the pool.

"Every morning, every day, when we pass each other, he would hold his hands out and wanted a hug," said Rachel Brown, Jamar's mother.

Rachel Brown says her son, Jamar Garrett, was a loving, happy child who liked to ride his bike. He was also a good swimmer.

On July 18, 2007, the 12-year-old drowned in a pool at a Hazelcrest condo.

Jamar, his younger brother and several friends were passing the pool at Stonebridge Conodminiums and gained access though a hole in a fence.

"They first rang the entry bell at the pool house. There was no answer. The boys then entered the pool through a large entry point in the gate began to swim," said Rahsaan Gordon, attorney.

Jamar ended up in the bottom of the pool in murky water. His friends tried to rescue him but could not find a life hook for Jamar to grab on to.

Gordon has filed a wrongful death lawsuit on behalf of Jamar's mother against the Stonebridge Condo Association and its management company, alleging safety violations that led to Jamar's death.

According to the lawsuit, the defendants failed to enclose the pool area, failed to maintain life saving devices near the pool, and failed to clean the pool to avoid murky water.

"We were able to obtain several past inspection reports which indicate that the same pool had been cited number times for safety violations and non-compliance," said Gordon.

Jamar's mother says she hopes her lawsuit will result in higher safety standards for pools.

"I don't want no one to go through what I'm going through," said Brown.

The attorney for the condo association and management company would not comment on Wednesday afternoon because he has not seen a copy of the lawsuit.

It's not specified how much money Jamar's family is seeking.