WEST VIRGINIA RECORD

WAYNE - A Kenova woman says her son was injured at a public pool and is suing the City of Wayne over his injuries.

Tammy Brown filed the lawsuit Oct. 10 in Kanawha Circuit Court, alleging that on Oct. 7, 2004, alleging the city "owed to Plaintiffs the duty to exercise ordinary care to keep and maintain the premises of the pool in a reasonably safe condition when not open for the season."

Brown claims son Brandon Lorentz ran into the pool area and through an unlocked gate, falling into a pool full of rain water and debris.

"When Tammy Brown pursued Brandon Lorentz to that pool, she found him underneath the surface of the water in the pool where he had fallen," the complaint says.

Lorentz was taken to Prestera Center due to, according to the suit, the mental and emotional conditions he was experiencing.

She seeks compensation for medical expenses, physical pain, mental suffering, annoyance, aggravation and inconvenience.

The City of Wayne was negligent, according to the suit, in failing to keep the premises in a reasonably safe condition, failing to lock the fence and doors to the pool when not in operation, failing to cover the pool when drained and failing to warn the plaintiffs of the hazards presented.

Wayne attorney Donald Jarrell is representing the plaintiffs.

Judge Darrell Pratt has been assigned the case.

Wayne Circuit Court case number 06-C-222