Family of boy who drowned sues KOA

Published 12:00 am Tuesday, October 20, 2009

The mother of a 4-year-old boy who drowned this summer at Bowling Green Kampgrounds of America is suing the campground and its owners, claiming that their negligence led to her son’s death.

Valen Humphrey dropped off her son, Triston L. Morrison, at the Three Springs Road campground on June 14 for a family birthday party. Perhaps 20 to 25 people were in the campground’s swimming pool, including several children, Kentucky State Police said at the time. Triston’s grandmother was watching from the fence, but may have been preoccupied talking with others for a few minutes, according to Trooper Charles Swiney, public information officer for Post 3.

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At about 7:20 p.m., the boy was discovered at the bottom of the pool in about six feet of water. He was pronounced dead at The Medical Center an hour later.

Humphrey’s suit, filed Monday afternoon in Warren Circuit Court, draws on a state Division of Public Health Protection & Safety report for its allegation that the campground was at fault.

“The latch on the gate to the pool area was broken, and a lifeguard should have been present,” the suit says. Pool water was so cloudy that searchers couldn’t see Triston at the bottom of the pool; he was discovered when a swimmer bumped into his body, according to the suit.

Humphrey’s suit seeks compensatory, punitive and exemplary damages. It names Three Springs Production LLC, Kampground Management Group LLC and owners Danny and Yvonne Goad, Susan and William Paul VonWebb.

Attorney Mike Breen, representing Humphrey, noted that drowning is the second leading cause of death for children under age 14.

“These deaths are often preventable,” he said. “In this case, we know it was preventable.”

Breen said the suit seeks to prevent similar incidents by correcting the violations found in the state report.

“Any one of those things would have prevented his death,” he said. “This really is about community safety.”

In June, Danny Goad characterized Triston’s death as a tragic accident and said there had never been a problem at the pool before. Campground visitors are responsible for watching their own children, he said.

Goad expressed surprise this morning that the state inspection report was being used as one of the suit’s major foundations.

“They told us there wasn’t anything wrong with it that would have affected the outcome,” he said.

Goad said today that he has not yet seen the suit, and declined comment at least until it’s been reviewed. He said he hasn’t retained an attorney, expecting that the campground’s insurance company would be handling the legal defense.