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The YMCA of Greater Dayton has been named as a defendant in a lawsuit after a female minor suffered injuries while visiting the Kroger Aquatic Center at The Heights in Huber Heights last summer.
The complaint was filed last week in Montgomery County Commons Pleas Court by Michael Baumgardner of Dayton, whose daughter allegedly suffered severe and permanent injuries when she visited the water park on June 23.
The aquatic center, 8625 Brandt Pike, is owned by the city of Huber Heights and operated by the YMCA.
According to the complaint, Baumgardner’s daughter “sat on a water mushroom sprinkler. The sprinkler had loose screw or part(s) with sharp edges and Plaintiff received a severe laceration to her vaginal area.”
The YMCA “knew or should have known that the defective/hazardous sprinkler posed an unreasonable risk and/or hazard to anyone playing in the water park,” the suit says.
Moira Pietrowski, the attorney for the YMCA of Greater Dayton, said she expects to file an answer to the complaint by early February.
“Obviously, the YMCA of Greater Dayton takes this lawsuit, and any lawsuit filed against it, very seriously,” Pietrowski said. “The YMCA of Greater Dayton will be defending the claims outlined in this lawsuit against it in the court system, and not through the media.”
The complaint also claims the YMCA owed the minor a “duty of ordinary and reasonable care for her health and safety … (but) breached its duties of care.”
The Baumgardners are seeking in excess of $25,000, plus interest and the costs of this action, the suit says. Gilbert Switala, Jr., the attorney for the Baumgardners, said the dollar amount will be amended closer to the date of the trial.
The minor’s age is not specified in the complaint. Switala declined to disclose her age, only saying she’s under the age of 18.
Switala said his client “gave (the YMCA’s insurance company) every opportunity to try to resolve this and they were not interested.”
“This is a fairly severe injury that, in my opinion, is going to have some permanent element to it,” Switala said.
Hohman Plating and Manufacturing, LLC also is named as a defendant, as it relates to health insurance reimbursement. Bill Miller, president of Hohman Plating, said Baumgardner is an employee of the company.
“That’s why he’s under our medical plan,” Miller said. “We’re not really a defendant. We have no involvement. We’ve incurred some expenses for this medical condition, and that gets us reimbursed if any funds are rewarded.”
Huber Heights’ three-year management contract with the YMCA expired at the end of 2014. City officials are currently discussing aquatic center management options, including contracting again with the YMCA.
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