Bettsville named in wrongful death lawsuit

The death of a 15-year-old boy in Bettsville's Eells Park quarry has led to a lawsuit against the village of Bettsville, its recreation board, and a lifeguard at the park.

Rosalinda Contreraz, Toledo, filed the lawsuit alleging wrongful death in the drowning of her 15-year-old son Santos Garcia at the park. The lawsuit brings forth six claims against the village and the lifeguards, including wrongful death and two claims for failure to maintain the park and its waters.

Contreraz is asking for damages in an amount "well in excess of $25,000" along with costs associated with bringing the lawsuit.

The lawsuit alleges on Aug. 3, 2007, Garcia, while visiting the park with his family, died after entering the water at the quarry and becoming submerged when the depth of the water increased dramatically.

The lawsuit states another boy saw Garcia go under the water and notified lifeguards, specifically naming Andrea Bender, who is alleged to have told the boy he was "probably just swimming underwater."

When lifeguards did not react another swimmer at the park entered the water, found Garcia 10 feet below the surface of the water, and carried him out of the water where people attempted to perform CPR on him, according to the lawsuit.

The lawsuit alleges the lifeguards were negligent in their actions and the village should have maintained the floor of the quarry to establish predictable water depths or posted signs warning swimmers of the dramatic changes in the depth of the water.

Phone calls to Bettsville's mayor were not returned. The village's attorney, Rick Palau, could not be reached for comment. Contreraz could not be reached for comment and calls to her attorneys were not returned.