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Parents of drowned teen file $15M claim against Wenatchee schools

by GLENN FARLEY / KING 5 News

KING5.com

Posted on December 5, 2011 at 5:42 PM

Updated Monday, Dec 5 at 6:01 PM

WENATCHEE, Wash. -- The parents of a Wenatchee teen who drowned last month during gym class filed a $15 million claim Monday against the school system.

Fourteen-year-old Antonio Reyes drowned in Wenatchee High School's swimming pool on Nov. 17. Police said Reyes was under water, at the bottom of the pool, for 40 minutes before he was discovered.

Attorney Simeon Osborn said the Reyes family is looking for answers, not just an explanation for why it took 40 minutes to discover their son, but why Antonio was in the pool in the first place.

"We're trying to find out why Antonio Reyes was allowed in the pool, when he was never tested," Osborn said.

In written statement, the Wenatchee school district said it "is conducting a review of pool proceedures" and that "the safety of all students remains a priority for the district and staff."  One staff member is on leave pending the outcome of an investigation that the district said is still in its early stages.

The district also said officials expressed their condolences to the Reyes family and that they have made insurance benefits that all students are eligible for available to the family. In addition, a student body fundraiser to benefit the family is planned for later this month.

Under Washington law, a claim must be on file for 60 days before the filing of a formal lawsuit.

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Comments: Displaying 1 - 15 of 15

BrittleBoy said on December 6, 2011 at 5:38 PM

Ok i go to the school i understand that the teacher (Was my Teacher) Didnt do any test but once yet the begginign we were in our second week Swimming Once per week i dont understand how anybody couldve of seen him ive been and swam in the pool its all clear and very noticiabale but i hate the fact that no one saw him in the pool leaving class he Drowned second period then we have a 25 minute break this was 2nd -Paws Break-3rd period no one could of seen him cause no one was in the pool or near the pool. Antonios parents deserve the right to take acton as soon as possible

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okokokok said on December 6, 2011 at 4:32 PM

if it were a white, middle class child, would we be reading this? I think it would be a little more clear what happened at least. I am just saying

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Blondie said on December 6, 2011 at 3:34 PM

The system at this school failed I get that but also I cant help but wonder how long it will take the district to consider permanently closing the pool due to the liability and added expenses to the changes in the procedures in this world of loss revenue and funding. 15 million pays for alot of added staff in any school district add to that all the attorney fees and what do you get? Why was this kids parents aware of the kid in a swimming class? Is that there responsibility? know what your kids are doing?

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Carolyn_Hannfd3 said on December 6, 2011 at 12:55 PM

My child attends this school and was a personal friend of the boy. I got an email about swimming. Doubt his parents do email. It is common for Hispanic kids to not be able to swim. He did not know how to swim. His PE class was not tested on swimming ability. He drowned during PE class. Classmates remember him before they started playing water polo but not after when they left the pool. There is a 1/2 hour extended break period after this class. During all that time the pool was locked. He was found by students who entered the pool 40 minutes later for their swimming class. There were no lifeguards on duty. There was 1 teacher in charge. Not sure if there were any other people observing. Our community is devastated. Children were in the pool and did not realize he had gone other. Children brought him out of the pool and could not revive him. His identical twin brother is a constant reminder. 15 million is not the issue. This could have been anyone's child and we all need to know why.

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Reallydude said on December 6, 2011 at 9:11 AM

Ok so what people aren't understanding is that the kid was participating in a mandatory swim part of PE which is needed to graduate. He was not tested for his swimming ability and was probably too shy/embarrassed to say he couldn't swim. He wasn't found dead until 40MINTUES!!! After... NO ONE NOTICED HIM! In a class full of students NO ONE! And yeah it's pretty crazy that the suit is coming so soon but it's better now when the memories and emotions are fresh. This suit is needed to help avoid this from ever happening again. The school is too blame for the negligence and poor protection of it's students. No parent should ever have to worry about their child dying while at school. Our child's school should be the safest place on a earth and it's the staffs job to make sure it is and they failed. I hope they get every penny.

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TruthBTold said on December 5, 2011 at 11:49 PM

Not even going to try an put a dollar amount on a family member but it sounds like he was in a PE class that was using the pool. His class ended and no one noticed he didn't leave the pool or pool area. Incoming students to another class found him 40 minutes after the class had ended. It seems there is a broken process to how students are monitored at this school if what is being reported in the local press is accurate. There should be a board where students check in and then check out of the area. An instructor/lifeguard should do a sweep once all students leave. The parents admit their son didn't know how to swim and didn't know their son was involved with a class that involved the pool. Teach your kids how to swim and while they are learning put the phone away and pay attention. Recently, I was at a pool and saw a young child get in trouble, pull another child underwater and neither the lifeguard, the swimming instructor nor parent noticed until I yelled kids went under.

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ThinkN-Do said on December 5, 2011 at 10:23 PM

All who think the parents deserve $15 million, donate your wages. The average person would be lucky to earn $2 million in a lifetime. The question is; why was this young man in the pool when no one was around? Is the school responsible to have a lifeguard on duty in a pool where there is no class at the time? Do beaches have lifeguards year round, 24 hours a day? No. Does that mean if someone drowns, the state, park or city is liable even if it's after open beach hours? No. The only way the school is liable is if the student was in a class taking place in the pool, went down under while there were a class taking place and no one noticed his disappearance. Unless there is video surveillance of the pool area, how would someone know if someone wandered in there after a class? We may never know what happened or why, is the school liable for the possible actions someone took upon themself? When do people become accountable for their own actions? May his soul be left to rest in peace . .

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aziza said on December 5, 2011 at 9:13 PM

baz? It may not bring back their son, but it would prevent this from happening to some one else's child.

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Mytake said on December 5, 2011 at 8:32 PM

Iseethings. Your share is about 300 bucks. cut em a check.

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nickc said on December 5, 2011 at 7:54 PM

"They won't answers not just an explanation"? Aren't those kinda the same thing? And what is this part of never being tested? Tested for what? If he had some problem with swimming, or a water diseas the parents should of toald the school. What hapend to there kid is tragic, but $15 million is a bet much, and why I get from this artical about the kid being never be tested it sounds like the parints might be looking quick and easy money from the taxpayers. Again what hapend was tragic, but if the kid did not no how to swim then the parints should have toald the school and the kid would never have been in the pool and this never would have happened. I hope I'm wrong, but from what I get frome the artical it sounds like if the parints or the kid had told the school he coudn't swim this never would of hapend.

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zaxxon7469 said on December 5, 2011 at 7:25 PM

Until I know the full or atleast reported details you cant start going off who is right and wrong here. First off if some student enters an empty classroom, and slips and falls for no apparent reason and bleeds to death, beacuse that room was not used for another hour and in that time he died. would you say a parent should sue then. Right now i'm going off the expectation the student entered a pool, while it sat unused and drowned. If he drowned during an actual PE Event, then blame can be pointed to the school for neglagence, but also to the other students. I can't belive for a second not one other student didn't see him go under. I don't know the facts so I can only be like everyone else and speculate. right now, the parents are getting a payday lawsuit, or just enough to cover the lawers fees.

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plungginalong said on December 5, 2011 at 6:57 PM

The schools teachers and life guards are suppose to be watching these teenagers in a swimming pool..They can get the cramps in there legs real easy and be dead in seconds..I'm a Cert. Scuba Diver so I know all about getting cramps in your legs, if this is what happened you can't even move your legs and under you go. Schools fault on this one. There must be Life Guards on duty at all times just in case something like this happens. If there was a Life Gurad watching he would be alive.

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json8968 said on December 5, 2011 at 6:37 PM

maybe they should of taught their son to respect rules and not go in the pool. ridiculous that they are filling this claim. Instances and parents like this are why kids no longer can climb ropes in gym class or wrestle in PE. America where have you gone. Take responsibility in that it was you kids mistake not the schools.

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jdtt1 said on December 5, 2011 at 6:06 PM

Okay...I'm just going out on a limb here and I may be completely wrong. The families attorney is from Western, WA.

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bazwest said on December 5, 2011 at 5:58 PM

Sad, but $15 million is not going to bring their son back. Greedy.

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