Drowning suit set for trial next summer

CLOVIS — A wrongful death lawsuit two years in progress against the city of Clovis is scheduled for a five-day jury trial late next summer.

Attorney Kimberly Brusuelas told The News in July that her client, Shawnita Jones, was hoping for a resolution before trial. The civil suit was filed in early 2018 in connection with the drowning incident July 4, 2017, at the Hillcrest Park pond where Gevion Lewis and his friends had been playing on the holiday afternoon.

Emergency responders pulled Lewis from the waters within minutes of bystanders calling for help, but he never regained consciousness. He died in a hospital less than two weeks later, having turned 13 while on a respirator.

Attorney Cody Rogers filed early last month a motion for summary judgment in favor of the city, and Brusuelas had until the month’s end to reply.

“The incident was undeniably tragic and the City has the deepest sympathy for plaintiffs and their family,” Rogers wrote in the Aug. 2 filing. “However, plaintiffs’ claims against the city are barred by the doctrine of sovereign immunity...”

Brusuelas’ alleged in the suit that the city was negligent in not placing appropriate fencing or signage prohibiting swimming at the pond, which is filled with re-use wastewater. She told The News previously that Lewis’ family hopes at least that some public awareness can come out of the incident.

Brusuelas said in her reply to Rogers’ filing that the state’s books “waive immunity for negligent City operations that cause damage.” Brusuelas’ reply also cited one Gerald Dworkin, and “expert in life saving, aquatics safety and lifeguarding,” who investigated the incident and noted the pond’s placement “within a recreational area” even if it was not officially designated for swimming.

“It is simply a fact that children are attracted to water, and have little concept of the dangers associated with water,” continued Brusuelas’ Aug. 26 reply.

Rogers did not return a message from The News last week.

Court records list the case as scheduled for jury trial Aug. 24-28 in the court of Judicial Officer David Reeb.