The Bayonne Board of Education has settled the lawsuit with the family of two brothers who drowned in the Lincoln Community School pool on June 9th, 2022 for $26 million, according to attorneys for their estate.
By John Heinis/Hudson County View
“The enormity of this tragedy is inestimable and it is certainly understandable why this case has received so much attention from the media and the public,” Daryl Zaslow, the attorney for the estate, said in a statement.
“As such, for the last three years I have remained acutely aware of the enormous responsibility we have had in representing this family, especially given the magnitude of their loss. Although no amount of money can turn back the clock and erase the damages, I am certain we did everything possible to achieve this result.”
The settlement comes about two-and-a-half months after the estate rejected a $14 million settlement offer from the school district, which came about three months after depositions indicated that evidence had been concealed, both as HCV first reported.
“We spared absolutely no expense in prosecuting this case and I am extremely proud of our entire firm in achieving this result,” added Barry Eichen, the other counsel for the estate in the matter.
Both he and Zaslow are partners at Eichen Crutchlow Zaslow, LLP and the settlement was agreed upon during a hearing before Hudson County Superior Court Judge Joseph Turula on November 13th.
They argued that the tragedy could have been prevented by taking basic safety measures such as a floating safety line with buoys across the dive well to show the location of the dangerous ledge and that swimmers could grab when needed.
Counsel for the estate also argued that the hooks for such a safety line already existed in the pool but a floating safety line was not used, that there should have been warning signs that the dive well was closed and that no lifeguard was guarding the dive well, and that caution tape should have noted the dive well was closed.
They further asserted that there should have been traffic cones with a sign on a broom stick clearly warning that the dive well was closed, painting the submerged ledge a different color to make the drop-off to 13 feet visible, and warning signs of the change from four feet to 13 feet on the pool deck and bridge.
The estate for the two former Bayonne High School students filed a $100 million tort claim in June 2022, about two weeks after the double fatal incident occurred, and a lawsuit was filed in Hudson County Superior Court shortly thereafter.
School officials did not return an email seeking comment.
