Drowning lawsuit decision appealed

Staff report

YOUNGSTOWN

The Mahoning County Board of Developmental Disabilities is appealing a visiting judge’s decision to allow a civil lawsuit over the 2010 drowning of a 7-year-old boy in the board’s Leonard Kirtz School swimming pool proceed to trial.

The board filed its notice of appeal Monday with the 7th District Court of Appeals concerning Judge Thomas Pokorny’s decision overruling the board’s motion for dismissal without a trial of the lawsuit filed by the boy’s estate.

The drowning victim, Nathan Kinderdine of Boardman, was found at the bottom of the pool after he strayed from the group of students and adults he was with, Austintown police said.

CPR was performed on him at the scene, but he was pronounced dead at St. Elizabeth Health Center shortly thereafter.

The police report said Kinderdine may have entered the pool through a boys’ restroom door that failed to fully latch nine out of 10 times because it rubbed against the metal door frame as it closed.

In its appeal notice, the DD board said it likely will ask the appeals court to review the case under the legal doctrine that governmental entities and their employees are generally immune from such suits.

However, in his decision to keep the lawsuit alive, Judge Pokorny cited an exception to that doctrine for cases where death or injury is caused by employee negligence and physical defects within a building that performs a governmental function.

“Material issues of fact remain, and, therefore, summary disposition is inappropriate,” Judge Pokorny ruled.