Six-year-old drowned at year-end pool party; $1.6 million settlement

Action: Wrongful death

Injuries alleged: Drowning death of six-year-old child

Amount: $1.6 million

Date: March 26, 2025

Most helpful expert: Dr. Santa J. Bartholomew

Attorneys: L. Phillip Hornthal, III and Lauren Arizaga-Womble of Hornthal, Riley, Ellis & Maland in Elizabeth City (for the plaintiff)

A six-year-old child drowned while a guest at a year-end pool party hosted by the parents and grandparents of a classmate. A nine-year-old party guest found the child unconscious on the bottom of the pool within 15 to 30 minutes after the child was dropped off in the care of the party hosts.

First responders said that the child suffered cardiac arrest. He was admitted to New Hanover Regional Medical Center, where he was hospitalized for five days prior to being declared deceased.

Medical expenses totaled approximately $220,000 and funeral expenses were approximately $20,000.

Pediatric physician Dr. Santa J. Bartholomew’s expert opinion was that the child was underwater for multiple minutes before being discovered. This was consistent with the statement of an adult party guest, who told investigators that children were in and out of the pool while the adults were in and out of the house bringing out food and other items in preparation for the party and the arrival of other guests.

The party hosts disarmed a camera alarm due to swimming children and party preparation setting it off. The plaintiff’s position was that the hosts prioritized party set-up and food preparation over child safety, resulting in the six-year-old’s drowning.

Bartholomew also advised that multiple signs and symptoms associated with prolonged drowning in children were present.  A review of the information and records indicated that the victim displayed all of them. The EMS and fire report noted the duration of drowning was 10 minutes in their initial clinical impression.

Party witnesses deposed prior to filing suit testified, consistent with all the other evidence in the case, that neither the homeowners, nor the other party hosts, were aware of or monitoring the child’s whereabouts or safety, despite being left in their care by his parents. The case settled pre-suit for the policy limits of $1.6 million.