Mother of boy who drowned July 4 sues city

NAPPANEE — The mother of a boy who drowned last summer is suing the City of Nappanee.

Kymani Collier died days before his 11th birthday on July 4, 2023, after swimming in the public pool in Nappanee. The Chamberlain Elementary School student was rushed to the hospital but died after he was removed from life support a short time later.

School and city officials issued statements describing him as a bright student who loved making friends with his classmates, and expressing sympathy for his family.

Collier’s mother, Shauna Collier, claims in a lawsuit filed Tuesday that the city’s negligence led to his death.

She says the drowning occurred at around 4:15 p.m. during a free swim day at the Stauffer Park pool. The pool had a floating obstacle course in it that took up most of one swim lane, according to the lawsuit.

Kymani Collier was one of 200 to 300 swimmers. The lawsuit says he “ended up on the bottom of the deep end of the pool, unnoticed by lifeguards, and drown.”

The lawsuit cites state law which requires public pools to have a qualified lifeguard. It claims that the city and its employees were negligent in failing to oversee activities at the pool, to recognize signs of danger or to warn swimmers of unsafe situations.

The city was also negligent in failing to conduct any rescue to help weak or injured swimmers get to safety and in failing to limit patrons to a number that could be safely supervised by the number of lifeguards provided, the complaint alleges.

The lawsuit also names the boy’s father, Emmanuel Collier, under the Indiana Child Wrongful Death Act.

Shauna Collier is seeking judgment against the city in an amount that could compensate her for medical and funeral expenses and lost wages in addition to an award of damages.

A message seeking comment was left for the attorney representing the City of Nappanee.