Summary Judgment Granted on Child Drowning Lawsuit in Federal Court – Partners Christopher Tinari, Esq. and William Remphrey, Esq. along with Associate Julianne Curry, Esq. Prevail on Summary Judgement in a Highly Emotional Death Case Involving a Minor Child

Philadelphia Partners Christopher Tinari, Esq. and William Remphrey, Esq. along with Associate Julianne Curry, Esq. obtained summary judgment resulting in the dismissal of a suit filed in the United States District Court for the Eastern District of Pennsylvania against an apartment complex and corporation located in Lancaster, Pennsylvania.  The plaintiff decedent, a two year old minor, drowned in a pool located at the apartment complex while his mother was supervising him.  The Estate of the minor child claimed negligence on the part of the apartment complex in that it failed to provide lifeguards, failed to supervise the pool participants and allowed for the pool to be overcrowded. The Estate also demanded punitive damages for the alleged reckless behavior of the Complex.  Experts were retained on both sides.  The damages alleged were in the high seven figure range.  Pre-Trial discovery,  development of facts and oral argument convinced the Court there was an insufficient factual basis and the lack of a causation nexus to support Plaintiffs’ highly emotional claims. Summary Judgement was granted in favor of our client and against the Estate.