Lynchburg, VA - The Jamerson YMCA is trying to have the $10 million wrongful death lawsuit dismissed.
In a motion to dismiss the lawsuit, the YMCA's attorney, Ashley T. Davis, says the plaintiff failed to allege any facts that the breach of duties was a proximate cause of Duffy's death.
The family of a Lynchburg man who drowned at the Jamerson YMCA is suing the organization for $10 million.
The wrongful death lawsuit claims Richard Kenneth Duffy, Jr. became distressed, fell below the pool's surface, and was underwater for at least six minutes before a child noticed him.
The suit says that child alerted their swim instructor, who then swam across the pool to reach Duffy.
He was pronounced dead a few days later.
Duffy's family claims the lifeguard on duty was negligent and not patrolling the pool for signs of peril.
They're asking for $10 million for mental anguish, funeral arrangements, medical bills, and punitive damages.
Duffy is from Chesapeake and according to his obituary, he worked in Facilities at Liberty University, where he was pursuing a Masters Degree in music.