The mother of a 5-year-old girl who drowned at Nebraska waterpark in July has filed a claim against the city where the waterpark resides.
Dumale Bariyiga of Lincoln is seeking $1 million for the loss of her daughter, Nubari Koffree, who drowned at the waterpark in July, plus roughly $18,500 in other fees comprising $1,500 in city ambulance fees, $9,750 in hospital bills and $7,300 in funeral bills, according to a report in The Grand Island Independent.
The claim argues the lifeguards on duty were negligent and did not immediately perform CPR.
Because Nebraska law states municipalities cannot be sued directly, a tort claim must first be filed and can be settled within up to six months time given to settle the claim. If the claim remains unsettled after that time, then a lawsuit can be filed.
“It appears that the lifeguards were waiting for a seventh lifeguard to show up who knew how to give CPR before bringing Nubari out of the water,” the claim stated, according to the news report. “During this critical and painful time in the water with six lifeguards standing around, no CPR was being given to Nubari.
“There may have been a minute delay when Nubari was finally brought out of the water before CPR was started,” the claim continued.
In response, Grand Island City Attorney Bob Sivick issued a statement that the city coconducted its own internal investigation and found that city personnel acted in full accordance with the waterpark’s safety policies and procedures.