Tue, Dec 02 2008
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Published August 01, 2007 09:15 pm - The parents of a Joplin boy who drowned last month at an area water park have hired a lawyer who specializes in malpractice and wrongful-death litigation to represent them in civil court. Family of drowning victim hires lawyer By Greg Grisolano
ggrisolano@joplinglobe.com The parents of a Joplin boy who drowned last month at an area water park have hired a lawyer who specializes in malpractice and wrongful-death litigation to represent them in civil court. On Wednesday, Joplin attorney Edward Hershewe said he is representing John and Lauren Cory, whose 6-year-old son, Ethan, drowned while on a field trip to the Swimmin Hole, a private water park in rural Joplin. “We have just started the investigation process,” Hershewe said. “That is the location of witnesses and determining how this harm was caused.” Authorities said their investigation concluded that the death was an accidental drowning, but cited a “lack of supervision” on the part of the Boys & Girls Club of Southwest Missouri in Joplin and the Swimmin Hole. “This young boy had zero supervision,” Newton County Sheriff Ken Copeland has said. He criticized everyone from the lifeguards to the chaperones who accompanied the children. Copeland said four chaperones with the Boys & Girls Club were stationed at different areas in the water park, but the investigation determined that the children were not assigned to a specific chaperone, nor were they assigned to a “buddy system” with other children. “This child and the other 33 who were with him were allowed to run at will and do what they wanted to do,” he said. Two lifeguards and three water safety personnel were on duty at the park at the time of the drowning, according to owner James Burt. Hershewe, whose law firm has established a record of success in malpractice and wrongful-death cases, said his office is examining the Sheriff’s Department findings. “At first appearance, from the information in the paper and out in the public, nobody was really keeping an eye on the children in general and particularly this child, which would be a breach of the standard of care,” he said. The sheriff’s investigation determined that no criminal charges would be filed in the case, because the Swimmin Hole is a private water park and is not regulated by county or state laws. The lack of regulations, Hershewe said, should have made the Boys & Girls Club more vigilant when taking the children on a field trip. “It’s more incumbent (on the children’s supervisors) if they were not regulated to investigate these activities,” he said. 
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