EDWARDSVILLE, Ill. (CN) – A man drowned in a lake while a lifeguard was busy texting on her cell phone, the man’s family claims in Madison County Court. They sued Holishor Association, a residential community dba Holiday Shores.
Willie Batee, 45, was swimming in Club House Beach Lake on July 25, 2009 when he drowned.
“At the time, friends and witnesses yelled and requested assistance, but the lifeguard did not respond in a timely manner,” the complaint states.
“The lifeguard had been on her cell phone throughout the day and was using her cell phone for talking or texting before and/or at the time the incident occurred.”
Batee’s family claims Holishor failed to exhibit and administer proper rescue skills; failed to provide adequate supervision; failed to properly train its lifeguards; and allowed the lifeguard on duty to use her cell phone for talking and texting during duty.
The Batee family seeks damages under the Wrongful Death Act, Survival Act and Family Expense Act.
The family is represented by Michael Glisson with Williamson, Webster, Falb in Alton, Ill.