Wrongful Death Lawsuit

Las Cruces, NM: (Dec-08-07) The parents of 4-year-old Austin Elmore brought a wrongful death lawsuit against Sonoma Springs Partners, owners of an apartment complex, alleging that the complex lacked a required state permit for its hot tub. The lawsuit claimed that the 4-year-old died April 30, 2006. He was pulled unconscious from a hot tub at the Puerta Villa Apartments now known as Casa de Soledad on Sonoma Springs Avenue. He was pronounced dead a short time later at Mountain View Regional Medical Center. The family stated that the complex did not have a permit from the New Mexico Environment Department to operate the hot tub. A spokeswoman for the department confirmed that the permit was in the process of being issued when the boy drowned. Legal counsel claimed that the hot tub's filtration system made the water so murky that it was difficult to see the bottom of the hot tub. The family alleged that the murkiness of the water and improper gating for the hot tub contributed to Austin's death. As part of a settlement reached, the company, though not admitting any liability, agreed to pay the family $1.9 million to resolve the wrongful death suit. [LCSUN NEWS: WRONGFUL DEATH]

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Published on Dec-11-07