GRANBY, CT — The estate of a 14-year-old boy who drowned during a school field trip to High Meadow Resort has sued the resort's operator and property owner, alleging they allowed more than 150 students into a pool limited to 105 swimmers.
The lawsuit, filed Wednesday in New Haven Superior Court, claims overcrowding and inadequate supervision led to the June 10 death of E'Mari M. Marshall-Woodard of Springfield, Massachusetts.
Maurissa Ann Marshall brought the case as personal representative of his estate. The defendants are High Meadow Management Company and 311, LLC, which the complaint identifies as the owner of the resort property at 311 North Granby Road.
The 13-page complaint alleges more than 800 schoolchildren from several districts were at High Meadow that day for end-of-year trips. The resort had contracted with schools to provide access to its facilities, pool and lifeguards for $53 per student, according to the filing.
The pool's maximum capacity had previously been established at 142 occupants, the lawsuit says. But with the diving area closed June 10, the available swimming area could accommodate only 105.
Despite that limit, the resort allowed more than 150 students into the water that afternoon, when temperatures exceeded 85 degrees, the complaint alleges. Additional students and other visitors crowded the pool deck and surrounding area.
The crowd made it difficult for students to move safely and prevented lifeguards and other staff from monitoring individual swimmers, according to the lawsuit.
E'Mari disappeared beneath the surface within a crowd and drowned in shallow water, the complaint says. Resuscitation efforts were unsuccessful, and he was pronounced dead at 4:11 p.m., according to the filing.
The estate also alleges High Meadow had not received the required annual authorization from the Farmington Valley Health District to open the pool for the season.
Two days after E'Mari's death, the district inspected the pool, identified multiple deficiencies and ordered it to remain closed until another inspection, according to the complaint. The filing does not list those inspection deficiencies.
The lawsuit alleges the defendants assigned only three lifeguards to supervise and control access for more than 800 students seeking to use the pool. It also accuses them of failing to maintain water clarity, position lifeguards where they could monitor swimmers and establish a system to limit the number of students in the pool area.
The defendants should have limited access or suspended swimming when crowding and visibility interfered with supervision, the estate argues.
The complaint brings four wrongful death counts: negligence and recklessness against each defendant. It seeks monetary damages, along with punitive damages and attorney's fees on the recklessness counts. The filing states the amount demanded exceeds $15,000.
The allegations have not been adjudicated. The court docket, checked Wednesday, listed no defense appearance or response and no scheduled court events.
NBC Connecticut reported that it sought comment from High Meadow but had not received a response.
For more Northern Connecticut news, follow Patch editor Jay Kenney.
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