CHARLESTON -- A Pike County, Ky., woman is suing the West Virginia Department of Commerce Division of Natural Resources after she claims they are responsible for her son's death.

On Aug. 13, 2010, Austin C. Runyon drowned in Chief Logan State Park's swimming pool, according to a complaint filed May 16 in Kanawha Circuit Court.

Cynthia Fite claims her 8-year-old-son was attending a pool party with his family and friends at Chief Logan State Park and that there was only one life guard on duty to supervise the pool party.

Underwater lighting in the deep end of the pool and other safety features associated with the swimming pool were not working or not working properly at the time of the accident, according to the suit.

Fite claims the defendant failed to keep the swimming pool in repair and maintained.

The defendant failed to remove unsafe and dangerous conditions on the premises and failed to warn the plaintiff of unsafe and dangerous conditions on the premises, according to the suit.

Fite is seeking compensatory damages. She is being represented by Bert Ketchum and Christian R. Harris.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-790

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