Madison
45° F
Mostly Cloudy
Mostly Cloudy
Advertisement

Family of boy who nearly drowned says it will sue for damages

Published On: Jul 02 2013 06:18:04 PM CDT   Updated On: Jul 02 2013 07:32:21 PM CDT

Surveillance video shows Travonne Allen, 13, was under water for a total of 3 minutes, 19 seconds.

SUN PRAIRIE, Wis. -

The family of a 13-year-old Sun Prairie resident who nearly drowned earlier this spring in the Sun Prairie High School pool has officially notified the Sun Prairie School District that it intends to sue for $150,000 in damages plus medical costs.

Lawyers for Trevonne Allen, who sank to the bottom of the pool for three minutes and 19 seconds during a seventh-grade physical education class at the pool, and his mother, Andrea Allen filed the paperwork on Tuesday afternoon.

Trevonne was rescued when a student alerted a teacher as to his condition, and the former Sun Prairie aquatics director, Eric Breidel, jumped in the pool and pulled him out. The district said Breidel resigned his position last month.

The notice of claim filed by the Allens asserts that there was only one certified lifeguard, Breidel, on duty during the hourlong class on March 20.

Two physical education teachers took lifeguard classes a year and a half before the incident, but their paperwork was not filed with the Red Cross. As a result, the legal document asserts, the district was "negligent in patrolling the pool area and in adequately protecting young children under their immediate supervision in an obviously hazardous situation."

Trevonne was one of 118 students from Patrick Marsh Middle School bussed to the high school for the two-day swim class. No test was done to determine the swimming ability of individual students.

Trevonne wore a life vest for the first 35-40 minutes of the class period before taking it off and engaging in rough play with his friends at the pool. Video from the pool shows he and numerous others pushing each other in the pool and other activities prohibited in the pool area without anyone stepping in to stop it.

"The Sun Prairie High School, Sun Prairie Area School District, and/or Patrick Marsh Middle School knew or should have known that permitting 118 middle school students -- many of whom had little or no swimming competence or ability -- to freely swim and cavort with abandon, without any organized rules or structure in the pool, or proper supervision (according to both law and practicality), created an inherently dangerous situation that put all of the students involved at unnecessary and aggravated risk of injury," the legal notice said.

Sun Prairie School District administrator Tim Culver did not respond to requests for a comment.

Advertisement
  • PHOTOS: Viewers drop off sensitive documents for Shredfest

    The WISC-TV studio parking lot was busy with hundreds of viewers bringing their sensitive documents to be destroyed as part of Shredfest with the Better Business Bureau Saturday morning.

    A combined 1,295 cars dropped off bags of papers at WISC-TV on Raymond Road and SVA Certified Public Accountants firm on John Q. Hammons Drive.

    News 3 and Better Business Bureau team members unloaded bags of documents from viewers' cars and Pellitteri Waste Systems' Data Destruction team put the papers into the shredding trucks.

  • Earthquake in Nepal 12

    Omar Havana/Getty Images

    Earthquake kills hundreds in Nepal

    A 7.8 magnitude earthquake centered less than 50 miles from Kathmandu rocked Nepal with devastating force early Saturday, killing at least 1,400 people -- and probably more -- in Nepal's capital city, authorities said. 

  • Bruce Jenner

    Ethan Miller/Getty Images for Michael Jordan Celebrity Invitational

    Most memorable celebrity interviews

    Bruce Jenner will talk with Diane Sawyer in a highly anticipated interview on Friday night. Look back at some of the other memorable celebrity interviews from over the years.

Advertisement