A 6-year-old who drowned at a South Jersey summer camp required one-on-one assistance but was alone in the pool, parents’ lawsuit says
Michael Stewart died in June after drowning in the swimming pool of Liberty Lake Day Camp.
The 6-year-old boy who drowned in the pool of a popular Burlington County summer camp required one-on-one assistance for all activities, including swimming, due to his premature birth and medical history, according to a lawsuit filed by his parents. But he was allegedly unsupervised in the pool without floating devices before he drowned.
Michael Stewart signed up for 13 days of one-on-one swim lessons at Liberty Lake Day Camp, according to his mother. On his first day at the Mansfield Township camp, swim lessons were canceled, but the child was allowed into the pool that afternoon.
Just before 2 p.m., Michael was found unresponsive in the pool. EMTs transported him to Virtua Mount Holly Hospital, the court filing says, where resuscitation efforts by medical staff were unsuccessful and he was pronounced dead around 3:30 p.m.
The wrongful death lawsuit, which was filed in October in the Burlington County Superior Court of New Jersey by Michael’s parents, alleges that no camp staff members were in the pool at the time of the incident. It says staff told emergency responders that Michael was found “at the bottom of the swimming pool.” Camp staff also allegedly reported that they were “unable to confirm how long [Michael] was in the pool before being found.”
“Despite knowing that Michael was at a significantly increased risk of drowning and required special and constant supervision and safety precautions while in and around water, Liberty Lake Day Camp willfully and recklessly disregarded the risk of harm to Michael and sent him to swim without appropriate supervision and safety measures,” the complaint says.
Michael was born during his mother’s 23rd week of pregnancy, and had “neurologic deficits,” bleeding in the brain, and a disease of the retina. He required an aide for all activities, the lawsuit says, and Liberty Lake advertises that the camp is equipped to support children with disabilities.
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In November, Liberty Lake filed a response to the lawsuit in which it denies the entire complaint.
The camp’s attorney contended Burlington County was an improper venue, the parents have no standing, and other legal arguments. But the camp is also pointing a finger at a former worker — without providing specific information.
“The actions alleged by Plaintiffs in the Complaint were intentional acts by a former employee(s) acting outside the course and scope of employment,” the camp says in the legal filing.
The document adds that the “alleged injuries were caused by individuals and/or entities not within the control of” the camp.
Attorneys for Michael’s parents and Liberty Lake did not respond to requests for comment.
Following Michael’s death in June, Burlington County Prosecutor’s Office and Mansfield police announced that it opened an investigation into the drowning. Law enforcement completed its investigation and no criminal charges were filed, a spokesperson for the office said Thursday.
Michael was an excited child who played basketball and baseball, and was ready to add swimming to his life skills, his mother, Enjoli Stewart, told The Inquirer in June.
“Eager to meet the world,” she said of her son.
Liberty Lake’s leadership informed families of the incident in an email the evening of the drowning, and emphasized the camp’s commitment to safety.
“It is with the heaviest of hearts that I’m writing to share some tragic news,” founder Andy Pritikin wrote in his message.
Liberty Lake has three registered nurses on staff, and 25 lifeguards certified in first aid, according to Pritikin’s email.