Representing Plaintiffs Since 1895

A Jefferson County jury returned a verdict on February 16, 2010 in favor of Noah Williams and awarded compensatory damages in the amount of $750,000.00 in a case against the Lakeshore Foundation. The suit alleged negligence and wantonness in the Lakeshore Foundation’s lifeguards’ failure to observe Mr. Williams while he was exercising in the pool, and by allowing his head to be submerged under the water for 2-3 minutes.

Noah Williams is a 32 old victim of a severe traumatic brain injury suffered in a motor vehicle accident in 1993. This brain injury left him with severe physical limitations which resulted in him being wheelchair bound. He joined the Lakeshore Foundation in the spring of 2005 to utilize their facilities, including their pool. His exercise sessions in the pool, with the aid of a flotation tube, allowed Mr. Williams to exercise in an effort to gain flexibility in his joints which were in contractures.
On February 6, 2007, Mr. Williams was left unattended and unobserved while exercising in the Lakeshore Foundation pool. He lost his balance and his head became submerged for 2-3 minutes before the Lakeshore lifeguards discovered him.

“He was cyanotic and required full-blown CPR resuscitation,” says Shay Samples, attorney for Mr. Williams and a partner with Hare, Wynn, Newell & Newton. “He was admitted to the ICU at Brookwood Hospital, where he was hospitalized for a week. Unfortunately, Noah developed recurrent headaches and Post Traumatic Stress Disorder as a consequence of his near drowning.”

Mr. Williams was transported to Brookwood Medical Center where he was admitted to the ICU for several days. As a result of his near-drowning, he developed recurrent headaches and post traumatic stress disorder (PTSD). This PTSD condition causes him to have flashbacks and nightmares and he continues to suffer from depression as a result of this traumatic event. He has been unable to go back to the Lakeshore Foundation facilities due to his PTSD and resultant fear of the water.

“Noah was pleased with the verdict and was appreciative of the jury’s understanding of his injuries which were not outwardly apparent,” said Samples. “We’re appreciative that the jury found that PTSD is a serious disorder which can have a profound effect on a person’s life. Unfortunately, Noah now has a fear of the water that prevents him from going back into a pool. We’re hopeful that this will change in the future.”