Parents of Drowning Victims File Wrongful Death Lawsuit Against Apartment Complex

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By Heather VacLav

The family of two boys who drowned in their neighborhood pool Monday filed a wrongful death lawsuit against the apartment complex for negligence.

 

The Beasley Allen law firm is representing the family of Victor Garcia, 7, and his brother, Cristubal Garcia, 5, both drowned after getting through a gap in their community pool’s fence.

 

“Words can’t express what they're going through right now, only somebody who has lost a child themselves can relate,” said Darron C. Hendley, a private practice attorney working with Beasley Allen on the investigation.

 

“All we want to do is hold them responsible for the loss they've caused,” said Christopher D. Glover, a lawyer with Beasley Allen.

 

Hendley and Glover are two lawyers working with the Garcia boys’ family to sue Cypress Court Apartments, its Louisiana-based parent company, Fountainbleau Management Services and the property manager at Cypress Court Apartments.

 

Glover said the boys were at the playground next to the pool, but found a hole in the pool’s fence and managed their way to the pool.

 

“There is a gap in that fence, it looks to be at least a foot wide, we know that it is in violation of the laws in Montgomery which require that you can not have a 6-inch wide gap in the fence,” Glover said.

 

According to Glover, the monetary retribution in a wrongful death lawsuit is not weighed by the death of the children, but the wrong wrongful conduct of the defendant. Glover said Cypress Court Apartments have not been cooperating with the investigation.

 

“We have asked the court of Montgomery to immediately allow us to have access to this facility. We need to get in there and inspect it because evidence can be lost, things change,” Glover said.

 

When contacted, the parties being sued would not issue a statement, but Cypress Court Apartments told CBS-8 on the phone that it has not changed the fence since the boys drowned.

 

“Frankly the fence needs to be replaced, entirely,” Glover said. “We need that to happen so that this doesn’t happen to another kid or another child.”

 

Glover said it’s only the beginning of the lawsuit and investigation, but he fully expects the family to reach a settlement in one year.

 

CBS-8 tried to contact Cypress Court Apartments’ lawyers, but they did not CBS-8’s calls Thursday.

 

The Funeral for the Garcia boys will be held this weekend. A fund has been established by Ridgecrest Baptist Church to help the Garcia family with funeral expenses. If you would like to help, checks can be sent to Ridgecrest Baptist Church, 5260 Vaughn Road, Montgomery, AL 36116; please write “Garcia Boys Fund” in the memo line on the check.

 

 



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