YMCA Seeks Dismissal of Pool Death Suit

November 13, 2013

The YMCA in Lynchburg, Va., is seeking the dismissal of a $10 million lawsuit stemming from a pool-related death.

The News & Advance says the lawsuit alleges that a lifeguard on duty at the YMCA Jamerson Branch’s swimming pool didn’t properly patrol swimmers for signs of peril.

The lawsuit was filed on behalf of Remedios Duffy. It says her son, 39-year-old Richard Kenneth Duffy Jr. became distressed in the pool and went underneath the water’s surface for six minutes on May 29. He died June 1 at a Lynchburg hospital.

In a motion to dismiss the lawsuit, the YMCA’s attorney, Ashley T. Davis, says the plaintiff failed to allege any facts that the breach of duties was a proximate cause of Duffy’s death.

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