The YMCA has been hit with a $20 million lawsuit after a 5-year-old boy drowned in the deep end of their daycare center while only one lifeguard kept an eye on all 38 children.
Auston Wingo Jr., 5, was attending a daycare at the YMCA in Pulaski County, Virginia, on December 6, 2021, when tragedy struck.
The little boy swam in the pool among nearly 40 other children – some who couldn't even swim – with only one lifeguard on duty.
According to a lawsuit filed on December 4, Auston was never given a flotation device or a swim test before getting into the pool – leaving him to fend for himself when he ended up in the deep end unsupervised.
Auston was found “face down underwater” by two other children, according to the complaint.
Auston Wingo Jr., 5, was at a daycare program at the YMCA in Pulaski County, Virginia, on December 6, 2021, when tragedy struck
The little boy swam in the pool among nearly forty other children – some who couldn't even swim – with only one lifeguard on duty
The five-year-old later died in hospital from drowning injuries – with one of his lungs “completely full of water”, according to legal documents.
Neither the lifeguard on duty nor the three other daycare workers watching the 38 children noticed Auston struggling in the five-foot deep area.
The family's lawyers, Dirk Padgett and Steve Baker, said the child had been “ignored, unattended, forgotten and neglected.”
Padgett and Baker filed the $20 million lawsuit against the Pulaski County YMCA and the employees involved on behalf of the Wingo family.
According to the complaint, they are seeking $15 million in compensatory damages and $5 million in punitive damages and additional costs and interest.
An investigation into the drowning found that Auston's death was not an “intentional act.”
According to investigators, one of the three childcare workers had taken some children to the toilet, while the remaining two had to watch the 'larger than normal' crowd of children in both the shallow and deep end of the pool.
There were reports that the lifeguard on duty was distracted by her phone while Auston was drowning – she has been named as a defendant in the case.
The complaint stated that she had an “unobstructed” view of the area of the pool where Auston had difficulty staying above water.
Auston “frantically fought for his life in eight feet of water” and submerged “approximately thirty-six feet short of the lifeguard station,” the complaint said.
Padgett and Baker filed the $20 million lawsuit on behalf of the Wingo family against the Pulaski County YMCA and the employees involved
The five-year-old later died in hospital from drowning injuries – with one of his lungs “completely full of water”, according to legal documents.
Auston was a student at Critzer Elementary School – described by those who knew him as having “unwavering optimism”
After the two children found Auston's lifeless body, one of the daycare workers finally pulled the little boy out of the deep end.
When Pulaski police officers showed up at the YMCA, Auston was unresponsive. He was flown to nearby Roanoke Memorial Hospital and pronounced dead at 10:16 p.m., according to police reports.
Dave Adkins – CEO of the YMCA – issued a statement saying staff were 'devastated' by Auston's death.
“While we cannot comment on pending litigation, the Y takes all allegations of misconduct very seriously and is cooperating fully with all facets of the legal process,” Adkins said.
Attorneys for the YMCA told McClatchy News, “While a tragedy occurred here, it did not occur for the reasons stated in the lawsuit.”
Auston was a student at Critzer Elementary School – described by those who knew him as having “unwavering optimism.”
Pulaski County Public Schools wrote on Facebook that it was “devastated” by Auston's death the day after his drowning.
“Auston was a kind-hearted child who demonstrated unwavering optimism and incredible love for his family, especially his older sister Tatyana,” the district said. “He will be missed far beyond what words can convey.”