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Drowning death lawsuit set for October trial
Posted: 08.03.2012 at 5:08 PM
Tonya Brown

Tonya has been reporting stories happening in the Pee Dee for more than 10 years.

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Court documents show jury selection is set for October 20 in a wrongful death lawsuit filed against the City of Darlington and the Darlington Police Department over the drowning death of Justin McKay, 14.

McKay and his cousin, Timquan "Maleek" McAllister, 13, drowned at the Darlington city pool, in May of 2010.

Their bodies were found at the bottom of the pool after lifeguards cleared the water because of bad weather moving in.

coroner's inquest ruled their drownings to be accidental.

Representatives of McKay's estate, Alberta McDonald and Michelle Law-Gordon, filed the lawsuit last April.

The suit claims the city was grossly negligent by failing to notice the boys lying at the bottom of the deep end of the pool until it was evacuated.

It also says the city failed to follow well established protocol for checking the pool and failed to properly train personnel assigned to pool.

The pool is owned by the City of Darlington, but it is operated by the Darlington Police Department.

The pool's maximum capacity is 320 people.

According to documents released by city officials, three certified lifeguards were on duty at the time of the drownings.

Officials say that's one more lifeguard than is normally required by the Department of Health and Environmental Control for a pool that size.

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