Near Drowning of 4-Year-Old Caused By Negligent Supervision
At a YMCA Results in 5.5 Million Dollar Settlement

Dennis Lansdowne and William Hawal had the privilege of representing Mackenzie Roecker and her family as a consequence of a tragic accident which occurred at the Fairborn, Ohio YMCA on January 27, 2005. Mackenzie, age 4, was enrolled in a preschool program at the YMCA. As a part of the preschool program the YMCA included an aquatics class supervised by the preschool teacher and a lifeguard. Mackenzie was one of eight preschool children placed in the shallow end of the swimming pool with foam waste belts as buoyancy devices. During the course of the class the lifeguard discovered Mackenzie floating face first in the water. After administering CPR Mackenzie was rushed to the hospital and then transferred by life flight to Cincinnati Children's Hospital. Mackenzie was diagnosed with an anoxic brain injury. Despite extensive physical, occupational and speech therapy she remains unable to speak, eat or walk. Her doctors say that she must have been without oxygen for 4 to 5 minutes to explain her brain damage.

During the course of the lawsuit it was discovered that Mackenzie's preschool teacher was not at poolside. Instead, she was reading a book in an adjoining room rather than actively supervising the children as required by the Ohio Administrative Code which regulates childcare centers.

Dennis and Bill were successful in obtaining a settlement which will allow the family to provide Mackenzie with the medical care, rehabilitation, equipment and supplies that she is likely to require for the rest of her life. Both parents are members of the US Air Force and Mackenzie's mother was actually in Iraq at the time of this devastating tragedy. As a result of this experience they have become outspoken advocates for the improvement of safety at daycare centers throughout Ohio.

For more information, please call us at 216.696.3232 or email ssl@spanglaw.com.