Parents awarded $8M in drowning
Girl, 7, died last October in tragedy at 'Y' pool

By Patty Machelor
ARIZONA DAILY STAR

A jury awarded $8 million to the parents of a 7-year-old girl who drowned at a local YMCA last October.

The five women and three men deliberated about three hours Wednesday over how much the YMCA should compensate Daniel and Jennifer Klingler for their daughter's death.

The organization admitted full responsibility. The Klinglers' attorneys were seeking at least $14 million.

Alaina Anne Klingler, a Fort Lowell Elementary School first-grader, was unconscious when she was pulled from the Lighthouse YMCA pool Oct. 25. She died late the next afternoon at Tucson Medical Center, about 10 hours after she was taken off life support.

"Think of Jennifer as she drives to the hospital, making bargains with God to keep her daughter alive," Steve Copple, one of the Klinglers' attorneys, told jurors.

The couple testified during the trial but did not otherwise attend the proceedings. Copple said they were grateful to the jury.

"Their whole purpose in this was to find out why this happened,'' he said.

In addition to $14 million for their loss, Copple also sought an unspecified sum for what he said was the YMCA's failure to implement adequate measures to prevent drownings.

But the jury did not award any punitive damages.

Alaina was found at the bottom of the pool in 6 feet of water. It is unclear how long she was underwater before the on-duty lifeguard saw her, although an expert called by Copple estimated it could have been up to 15 minutes.

The 18-year-old lifeguard had been assisting another child at a nearby outdoor shower before discovering Alaina, according to testimony.

Defense attorney Ron Rubin said that while the lifeguard failed to adequately supervise the nine or so young swimmers, that didn't show the YMCA as a whole fails to protect children in its care.

"To suggest this was a conscious act carried out with an evil mind or intentions is absolutely unjustified,'' he said in arguing against punitive damages.

The YMCA is a state-certified child-care facility and was within guidelines for adult supervision in the pool area. The guidelines require at least one adult for every 25 children.

Copple did not argue the act was evil, but said the YMCA knew there was a substantial risk of someone drowning.

Lifeline ropes marking off deeper waters and testing the children's swimming skills are two ways Alaina's death could have been prevented, he said.

The attorney said a 1997 national YMCA letter on aquatic safety should have alerted officials at the Lighthouse facility, 2900 N. Columbus Blvd., to pool dangers. He said the burden falls unfairly on the lifeguards.

YMCA of Tucson President Dane Woll said the organization implemented several safety standards this summer including testing kids' swimming skills and having them wear armbands to indicate their skill level.

"We're so sorry for this tragic incident. Our thoughts continue to be with the Klingler family at this time,'' he said.

Woll said he doesn't know if the organization will appeal.

The YMCA has six branches here, including 14 off-site facilities, and is the largest child-care organization in Tucson.

Rubin said the organization has limited assets, with a carry-over of $79,000 after the 2001 calendar year.