Login  /  Register  | 3 premium articles left before you must register.

Family of 6-year-old who drowned in New London beach files intent to sue

By Kathleen Edgecomb

Publication: theday.com

Published 10/08/2013 12:00 AM
Updated 10/09/2013 02:39 PM

New London — Lawyers representing the estate of a 6-year-old boy who drowned July 4 at a municipal beach on Pequot Avenue have filed an “intent to sue” against the city, naming four city lifeguards and employees.

Jason M. Burdick of the law firm Messier, Massad and Burdick of New London, filed the document Tuesday in City Hall on behalf of the estate of Anthony Bernoudy.

The one-page document names Leona Podeszwa, Rachel Smithson, Fiona Hook and Nora Greene as “the employees responsible for the drowning death of Anthony Bernoudy.” It also says supervisors, trainers and others responsible for park safety will be sued in their capacity as city employees.

The youngster, who was at Greens Harbor Beach with his family July 4, was last seen around 5:30 p.m. near the water. After an intensive search on land and water by his family, police, firefighters and boaters, an emergency diver found the boy in the water at about 11:10 p.m. a short distance from the beach. He was taken to Lawrence + Memorial Hospital in New London, where he was pronounced dead. He would have been a first-grader at Jennings Elementary School.

At the time, City Recreation Director Tommie Major said park hours were 8 a.m. to 5 p.m. during the week and 10 a.m. to 6 p.m. on weekends. The four lifeguards on duty on July 4 left for the day at 5 p.m., he said.

The Day also has a pending Freedom of Information request to the police department for the report of the police investigation.

Burdick and City Law Director Jeffrey Londregan could not be reached to comment Tuesday.

But at Monday’s City Council meeting, Londregan said in order to sue a municipality, an intent to sue must be filed within six months. The statute of limitations for filing a lawsuit is two years, he said.

k.edgecomb@theday.com

Town News

Visit Zip06
Submit Your:  Submit Your News Submit Your Photos Submit Your Events
Most Recent Poll
Who has the best shot at winning the World Series?
Pirates because it's been a long time since 'We Are Family' was a hit.
4%
Red Sox and their beards.
68%
Dodgers because Vin Scully's career is winding down.
8%
Yankees....oops
7%
Rays because their 800 fans deserve it.
2%
Athletics to prove you can find gems in the bargain bin.
2%
Detroit because that city needs something to cheer for.
7%
The 'Heart Attack' Cards.
2%
Number of votes: 1000

No current items found