So, who's to blame, again?
$4.7M award in near drowning at Jackson motel
Motel blamed in swimming pool accident
A Hinds County Circuit Court jury has awarded $4.7 million to the parents of two children who nearly drowned in 2007 in the swimming pool at the La Quinta Inn in Jackson.
After a two-week trial, the jury returned an award of $5.6 million, affixing fault at 85 percent to the Inn and 15 percent to the parents. The percentage attributed to the parents reduced the award to the $4.7 million, said Ashley Ogden, attorney for the family.
"We hope this jury verdict will tell hotels that set up their own rules for safety ... to follow them," Ogden said Thursday.
The parents said in the lawsuit that the hotel was negligence. The crux of their case was that the gate on the fence surrounding the pool was supposed to be locked when the pool wasn't in operation - per company policy. The pool's operating hours were 9 a.m. to 10 p.m., according to court records.
Also, testimony during the trial established a self-latching device on the pool gate wasn't working, according to Ogden. Employees testified they did not lock the pool that night, according to the lawsuit.
Also, the lawsuit said La Quinta's corporate policy required the hotel manager, Dave Lehman, to maintain CPR certification, but his certification had lapsed.
La Quinta officials argued there was no duty to lock the pool gate during nonpool hours and that the children were not left in their care that morning.
Also, they said Lehman responded quickly to the emergency and helped saved the lives of the children.
Charlene Priester, one of the attorneys defending La Quinta, said no decision has been made on an appeal.
The near drownings took place July 30, 2007, at the La Quinta on Briarwood Drive. The children, ages 8 and 9, and their parents were staying there at the time..
The children were left at the hotel while their father, Robert Sproles Jr., took his wife to work at Central Mississippi Medical Center.
The parents said the children had been warned to stay away from the pool. Neither child knew how to swim.
Security footage from the hotel showed the Sproles left about 6:34 that morning. Sometime between that time and 7 a.m., the children ended up in the pool.
CL