August 2023 - Parks & Recreation - 27

Darcy told her husband to help
the lifeguards because they were
not doing much of a search. The
boys who had been with Eric were
saying Eric was seen last in the area
where he eventually was found.
Darcy said the lifeguards looked
panicked, confused and unorganized.
She acknowledged neither
she nor her husband ever had been
a certified lifeguard or knew what
rules and procedures lifeguards are
expected to follow.
Travis testified no one knew what
was going on at the beach, and
he had not heard a whistle. Travis
testified a group of boys who
had been with Eric were telling a
lifeguard Eric was at the location
where he finally was found. Because
the lifeguards did not seem
to be doing anything, Travis and
another man went into the water.
Eventually, some civilians and lifeguards
started doing a line search
and found Eric. Travis testified he
pulled Eric out of the water and
carried him to shore.
Untrained Lifeguard
Caveny testified he had lifeguard,
CPR and first aid certifications.
The
beach was Caveny's
Caveny testified that Eric was
found about six to eight feet from
the lifeguard chair where he had
been sitting. This location was
very close to where Eric's friends
told Caveny they last saw him.
Caveny indicated a line search
was
the
only effective way to
find someone in water where you
could not see. When a line search
eventually was done, Eric's body
was found quickly.
Lifeguard Confusion
A certified lifeguard for the City
in 2007 (Young-Hunter) testified
that she had no experience in an
open-water facility prior to working
at the beach. She did not recall
being given any manuals explaining
procedures and policies at the
beach. Young-Hunter did not remember
doing any in-service training
at the beach before she was allowed
to work while the beach was
open to the public. In addition, she
testified she never was given an
EAP and never practiced a missing
person EAP.
first
open-water lifeguard job. He did
not remember receiving any training
at the beach. As a certified
lifeguard, he knew murky water
was a known hazard and posed
more of a safety risk than clear water.
Caveny also acknowledged he
knew non-swimmers went into areas
marked as deep water. Caveny
did not remember much about the
Emergency Action Plan (EAP) in
place at the beach for a distressed
patron in the water. He further testified
EAPs are necessary for a lifeguard
to do their job effectively.
According to Young-Hunter,
EAPs are necessary because they
help lifeguards respond faster in
emergency situations. She testified
EAPs were discussed in her StarGuard
and Red Cross certification
training. This training
indicated
EAPs should be written down and
site
specific, so everyone knows
what to do.
Young-Hunter did not know
whether Eric could swim. Moreover,
after Eric went missing,
she also did not know Eric's last
known location, which was important
information based on her
training. After the guards got in
the water, she testified the search
for the missing swimmer was chaotic
and unorganized. She tried
to organize a line search, but everyone
was so frantic she did not
think her suggestion registered
with the other lifeguards. According
to Young-Hunter, the situation
was confused from the beginning
because no one took charge.
A certified lifeguard for the City
in 2007 (Young-Hunter) testified
that she had no experience in
an open-water facility prior to
working at the beach.
Eventually, a patron at the
beach forced everyone to come
together in the shallow end and
start a line search. Once the line
search started, they found Eric in
less than a minute 10 to 15 feet
from where the missing person
was reported. Young-Hunter testified
a missing swimmer needed
to be found within three minutes
to avoid brain damage.
Also,
according
to
YoungHunter,
when a person is reported
missing to a lifeguard, the lifeguard
immediately should blow his or
her whistle, the water should then
be cleared, and an EAP should be
activated. She believed Eric would
have been found in less than
three minutes if a line search was
formed when the other lifeguards
responded.
Emergency Action Plan
Douglas England was the utility
property manager for City Water
Light and Power (CWLP). Employees
at CWLP and the beach
were
considered agents of the
City. England was not a lifeguard
and had no expertise with regard to
PARK S ANDRECRE AT ION . OR G | A UGUS T 2 0 2 3
| Parks & Recreation
27
August 2023 - Parks & Recreation

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