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By Phil Marcelo PROVIDENCE -- The family of the 9-year-old boy who drowned in a city pool in August is seeking $15 million from the city, according to a wrongful death claim filed in City Hall. Jameson Auciel, formerly of 461 Elmwood Ave., died on Aug. 20, three days after he was pulled unconscious from the McGrane Pool in the city's West End. City officials and police have not said conclusively how the events that afternoon transpired and what ultimately led to Jameson's death and the near-drowning of his cousin. A state medical examiner's report completed Sept. 4 determined that Jameson died of a lack of oxygen to the brain brought on by drowning. "The family wants answers," said Kenneth A. Schreiber, the Cranston-based lawyer representing Jameson's family. "This is the first step in a long road" to get those answers, he said. In its Sept. 14 claim against the city, the Auciel family says that a "reckless and grossly negligent act" by one or more city employees led to Jameson's death. The suit is actually three separate claims of $5 million filed by the Estate of Jameson Auciel, Carline Myrthil (Jameson's mother), and Karlveen Auciel (his younger brother). "It's a clear case of negligence," said Kenneth A. Schreiber, who is representing the family in all the claims. Schreiber declined to elaborate, saying he was still in the "investigation stage." According to the city Law Department, the city has 40 days from the date the claim was filed to issue a response. After that, the plaintiff can file suit in Superior Court. Read The Journal's look at the pool-safety issues raised by Jameson Auciel's death. Schreiber anticipated filing a Superior Court suit by the end of the year if the city rejected the family's claim. "There is a value to filing suit, namely court mechanisms like depositions and subpoenas at are our disposal to get certain documents that we don't currently have," he said. David A. Bagus, the North Smithfield-based lawyer representing the family of Gamaelle Bazelais, said that family has chosen not to file a claim against the city at this point. Bagus said that the family is concerned about the girl's physical, mental, and emotional state. "She's being evaluated. We just don't know where she's at. She spent three and a half days in a coma, so there are the cognitive issues with that. She was very close to her cousin, so there are the emotional issues with that." Bagus said that the family anticipates that the city will try and cast blame on Odin Bazelais, Gamaelle's father, since he was the adult that dropped off the two children and Jameson's brother Karlveen at the pool that day and briefly left to run errands. But Bazelais cannot be faulted, said Bagus, because he was turned away at the pool's entrance for not wearing a bathing suit, which is a requirement at the McGrane Pool. The city does not dispute this policy. More than two weeks after the August incident, Mayor David N. Cicilline's office and the police department issued a joint report on the drowning. In it, the city and police concluded that the pool had capacity for 270 bathers, but only as few as 25 to 45 were present at the time. With three lifeguards on duty, and nine other staffers present, the pool was adequately supervised. But witnesses said that one of the lifeguards was wearing headphones and that at least one staff member ignored entreaties from a pool patron to check on the floating kids. Other witnesses said they thought the children were just pretending to drown. Jameson, who was five feet tall, was found first, floating in the four-foot end of the pool. The lifeguards, all juveniles, pulled him out and administered CPR. Gamaelle was discovered a short time later in the shallower end, and was also administered CPR. In both cases, it's not clear who first determined that the children were unresponsive in the pool. Gamaelle was revived on the scene, but Jameson was not. CORRECTION: An earlier version of this story gave the length of Gamaelle Bazelais' comatose state incorrectly. CommentsLeave a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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What a surprise. Drop kids off at a crowded public swimming pool. Kid drowns (which is sad), then turn around and sue. This is why foreigners love the United States of America.
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Close the pools, close everything. Close all law schools down also.
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Artie,
What the *bleep* does this story have to do with "foreigners"? Seriously... This is indeed a very sad story and my opinion is that it is poor judgment on the part of any parent who would drop off their children instead of staying and supervising them in a dangerous place such as a pool. Don't have a bathing suit? Then the kids will have to wait until you run home to get one and then you go swimming with them.
The story has nothing to do with "foreigners".
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its all about the money.i am sorry their kid is gone but it was an accident.the ambulance chasers must have been circling this family.
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For me, this begs some question: 1) where were the parent(s) when these children drowned? 2) did the parent(s) entrust the lives of their children to virtually unknown strangers who worked at this public pool? 3) if so, why did the parent(s) allow young adults to watch their children? 4) did these children know how to swim? 5) if not, then why would the parent(s) allow them to a public pool and be and watched by young adults whom they do not know personally? If any of these are indeed the case, it calls into question the judgment of the parent(s). I too am a parent and never left my minor children at a movie theater, swimming pool, public park, etc, without being present or leaving my minor children with a familar entrusted reliable person of whom I would trust with my own life.
In no way am I suggesting that any of this excuses what happened, although parent(s) have the sole option of choosing who will care for their children in their absence. Personally, I would not entrust my precious minor children to older adolescents because I do not believe that they would look after and care for my minor children as well as myself. They are young, have other things on their mind, and will not value the lives of my minor children as much as myself.
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Nice. Take two kids who don't know how to swim to a pool.
Then when the obvious happens, turn around and sue the City for $15 mil.
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This was to be expected - and the city will undoubtedly settle out of court for a large amount.
And, then they will eventually close the public pools because of the "liability." And all of the other inner-city children who enjoyed those pools will have nowhere to go in the summer.
The entire incident was a terrible tragedy that could have been prevented.
Based on the conflicting reports, I'm not sure if the lifeguards were as attentive as they should have been.
However,the father had no absolutely no business leaving three small children who could not swim alone at a public pool.
If they wouldn't let him in the enclosure, he should have taken them home and come back with his own bathing suit.
Let's not forget - at least he could have stayed outside the fence and watched them, but he went to an ATM instead. What a tragic mistake.
We are all ultimately responsible for our own children.
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This is pretty ridiculous. They do have every right to sue but 15 mill?? They really want to get out of Providence. They don't need that much. They should receive some compensation for their loss but they should have also been watching the child. Well best of luck to the family.
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the parent should have taken the children with him when he was denied access to the pool. he should be sued..it was the parent/adult
s job to babysit those kids. don't pin this on the lifeguards.
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The father abandoned the kids who can't swim in a pool.
The pool let the kids who can't swim into the pool.
The blame is with the father and the pool policy.
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