NORTH MYRTLE BEACH, S.C. (WBTW) — A Michigan mother is seeking a jury trial after she said her son was injured when he got caught in the drain of a lazy river in March 2018.
Alyssa Pappas claims that her son was hurt after he was “entrapped” at the Avista Resort’s lazy river, according to the lawsuit, which was filed in June in federal court. She is asking for a jury trial against Avista Development, Avista Rentals, Myrtle Beach Seaside Resorts, the Avista Council of Co-Owners and a John Doe pool maintenance worker.
News13 reported after the incident that an unnamed 12-year-old boy was held underwater for six minutes after his leg got stuck in the pool’s suction line.
The family was staying at the resort at the time and claims that the hotel should have known that the drain could harm children and that the resort didn’t adequately inspect the lazy river and drain. The hotel did not have a working, operable off-switch for the pump that connected to the drain, according to the lawsuit.
Since then, the boy has had “extensive pain, mental anguish, suffering and discomfort,” according to the lawsuit, which said that he has permanent injuries, has become partially disabled, underwent trauma, and that the family has had “extensive medical expenses” due to the incident.
The resort’s legal response came a month later, on July 26.
The resort denies that there were structural issues or defects in the river, that the boy’s injuries were not the resort’s fault, that the resort is not liable, that the family hasn’t tried to lower its medical costs, that the family should have taken “reasonable and prudent evasive action to avoid the incident” and didn’t act “as a reasonable and prudent person would have under the circumstances.” It also claims that the child’s “alleged injuries were proximately caused by the intervening, and/or superseding acts or omissions of other parties and/or others for whose conduct these Defendants are not responsible.”
Documents filed in court on Wednesday lists that jury selection is scheduled to begin in September 2023.