Retention Ponds – Drowning Settlements
Confidential Settlement – Child Drowning
Nance Cacciatore represented the family of a toddler that drowned in a retention pond behind his parents Jacksonville condominium. The Plaintiff made allegations that included: the sloping of the pond was not compliant with local ordinances; there was not adequate fencing; the sandy “beach” was an attractive nuisance; and that the complex failed to repair the child safety lock on the main door after numerous requests by the mother. Until the end, the Defense maintained the position that the complex did not contribute to the child’s drowning and that the mother was one-hundred percent responsible.
Nance Cacciatore successfully obtained a settlement for the family, the terms of which were confidential.
Undisclosed Settlement – Drowning in Retention Pond
On March 19, 2000, a four-year-old boy drowned in a wet retention pond constructed on a residential apartment project site known as Harvard Apartments in Melbourne, Brevard County, Florida. The decedent and his mother lived in an apartment complex immediately adjacent to the retention pond.
The Plaintiffs alleged that the pond created a hazard as it was over-dug, failed to comply with the sloping requirements of the City of Melbourne and St. Johns Water Management District, and was not fenced per applicable code. The defendants denied the pond was noncompliant with applicable sloping requirements and further alleged that the plaintiffs were comparatively at fault for the incident due to the failure to supervise their child. Charles G. Barger, Jr., settled the case prior to trial.