Lawsuit Filed In Drowning Death At Bensalem Apartment Pool

BENSALEM TOWNSHIP, PA —A wrongful death lawsuit has been filed against a township apartment complex involving the July drowning of a New Jersey man.

According to the lawsuit obtained by Patch, the lawsuit was filed in Philadelphia Common Pleas Court.by Robertha Medgine Begy, the fiance of 35-year-old Joel Martel, who drowned on July 6 at a family gathering at the Riverview Crossing Apartments in the 900 block of Bristol Pike.

The suit states that Martel and his nephew decided to go swimming in the apartment complex's pool and that the on-duty lifeguard left her post

Begy —who is overseeing Martel's estate and is the mother of their 6-year-old son —claims that Martel knew how to swim.

Begy is seeking more than $50,000 in damages, the suit said.

The suit names Riverview’s management company Montium, of Lakewood, N.J., and American Pool Management of Pennsylvania LLC, of Bensalem.

Begy states in the lawsuit that about 20 people were at the pool when Martel jumped into the water near the 8-foot deep end, and allegedly thrashed about before slipping under the water.

A lifeguard was on duty, but the lawsuit alleges she was in the pool playing with other swimmers.

Shortly after Martel disappeared under the water, his nephew approached the lifeguard to ask if she had seen his uncle, the lawsuit states.

The suit alleges the lifeguard could not find Martel at the bottom of the pool because the water was cloudy.

A half hour after Martel disappeared underwater, a guest swimming in the pool felt something against her foot and pulled up Martel’s limp leg and alerted the lifeguard, the suit states.

After CPR was performed, Martel was taken to the hospital where he was pronounced dead. His death was declared a drowning, the suit states.

"Video evidence shows Mr. Martel drowning in front of an empty lifeguard stand. At the same time, the on-duty lifeguard was away from her post and playing with children in the pool instead of watching swimmers. This was an entirely preventable event leading to a tragic and unnecessary death," read a statement from Begy's Philadelphia attorneys Dan Jeck and Josh Schwartz.

A Montium official said the company could not comment on the lawsuit while the investigation is ongoing.