The mother of a 14-year-old girl who died of a brain injury after she was trapped in a pool has sued the Lexington condominium complex that owns the pool.
The lawsuit, filed Thursday in Fayette Circuit Court, is against Aintree Condominiums Inc., located at 421 Redding Road. The suit was brought by Lisa Ann Scott, the mother of Kiah Milsom.
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Kiah, who had trespassed with friends, was swimming at the bottom of the pool at 4 a.m. July 20 when her arm was sucked into the drain, police said. She was submerged for about 20 minutes. She was taken to the University of Kentucky Hospital, where she died five days later from a brain injury caused by a lack of oxygen.
The lawsuit alleges that the owners of the condominium complex knew or should have known the drainage pump was dangerous. They also knew or should have known that children might swim in the pool unauthorized, the suit says. The suit states the drain cover was not properly in place, as required by law. The complex’s management could not be reached for comment Friday afternoon.
Lexington lawyer Robert Houlihan Jr., who filed the lawsuit, said Kentucky law requires that pool drainage covers be firmly affixed with screws so they can be removed only with tools. According to public records, not only was the drainage cover missing, it couldn’t be screwed in, he said. Houlihan said the pool was fenced in, and the fence was locked.