Village Seeks Removal As Defendant In Tinley Pool Drowning Lawsuit
TINLEY PARK, IL — The Village of Tinley Park last week asked that its name be removed from a lawsuit filed by the mother of a 5-year-old girl who drowned in a Tinley Park-Park District pool in June 2023.
Hazel Gonzalez drowned June 30, 2023 at the Tinley Park-Park District’s White Water Canyon Water Park. The girl’s mother Megan Bagardo filed a wrongful death lawsuit in June, naming both the Tinley Park-Park District and Village of Tinley Park as defendants.
Attorneys for the Village of Tinley Park last week stated they had been erroneously named in the suit, asking Bagardo’s attorneys to remove them.
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“… the Tinley Park-Park District is a separate and autonomous unit of local government,” the reads the letter from Del Galdo Lawfirm dated July 17. “As a separate legal entity, the Park District levies its own taxes; manages, purchases and sells its own property; and controls all of its employees, including, but not limited to, hiring, firing, training, discipline and compensation. Said employees are not employees of the Village and the Village exercises no control over the management of Park District properties, which includes White Water Canyon Water Park.
<< READ ALSO: Mother Of Girl Who Drowned At Tinley Pool Suing Park District, Village >>
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“… your naming of the Village in your lawsuit is misplaced,” the letter continues. “We respectfully request that you voluntarily dismiss the Village from this lawsuit as there is no nexus between the Village and the injuries sustained by your client.”
Hazel was in the zero-depth kids playground and went down the water slide prior to being found unresponsive, the lawsuit states. The suit alleges lifeguards “recklessly failed to be attentive and free from distraction” in observing the play area. It also states the park district “failed to provide sufficient lifeguards such that all areas of the zero-depth pool, including all areas of the kids playground, were visible to a lifeguard.”
According to a previous Patch report, paramedics were called just before 4 p.m. to White Water Canyon Water Park for a report of an unresponsive girl pulled from the water. First responders found the 5-year-old in full cardiac arrest, said Tinley Park Fire Chief Steve Klotz. The child had been under the water for an unknown period of time, Klotz said. Lifeguards attempted to revive the girl using CPR and an Automated External Defibrillator. The child was not breathing when transported to Silver Cross Hospital, where she was later pronounced dead, Klotz said.
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Filed by law firm Corboy and Demetrio, the suit also claims that water park staff “recklessly failed to provide immediate assistance to Hazel Gonzalez when she was in distress in the water,” to swim alone, and to use the swim area equipment “without arm’s-reach supervision” by staff.
A spokesperson for the Tinley Park-Park District on Friday offered a comment regarding the lawsuit.
“The Tinley Park-Park District Board Commissioners and entire Park District staff were deeply saddened by last year’s tragedy,” the spokesperson said. “Lifeguards acted bravely and were the first on the scene to provide emergency care and assist the responding emergency authorities.
“The Park District continues to extend its thoughts and condolences to Hazel Gonzalez’s family and loved ones.”
Hazel is survived by her mother, a brother and three half-sisters, all who “have suffered pecuniary losses as a result of her death, including but not limited to: loss of support, society, companionship, love, affection, protection …” the suit states.
The suit originally named the Village as defendant, claiming its ownership of the pool and property.
Bagardo’s attorney filed a demand for trial by jury. The lawsuit seeks damages in excess of $50,000, court records show.
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