LOS ANGELES — The makers of a pump installed in a spa in which a 7-year-old boy died in 2016 after being pulled unconscious out of the water expressed sympathy with the child’s family members, who are suing the company.
Thomas Catog Rozmiarek, who was pronounced dead at a hospital at 1:13 a.m. Nov. 6, was not breathing when he was taken out of the backyard spa a day earlier, authorities said.
“We are extremely saddened by the tragic event that occurred on Nov. 5, 2016, in Encino,” a Pentair Aquatic Systems spokeswoman said in a prepared statement. “Our thoughts continue to be with the Rozmiarek family. From what we understand, the protective spa drain cover had been removed and a properly fitting protective drain cover was not securely in place at the time of the accident. It appears that it was the missing drain cover, and not Pentair’s product, which caused this accident.”
The plaintiffs in the Los Angeles Superior Court lawsuit filed Monday are the child’s father and mother, Pascal Rozmiarek and Jorgeth Caparida; his minor brother and twin sister; the boy’s grandmother, Nelita Caparida; and his mother’s cousin, Ronelo Catog Sugcay.
They allege the boy was a victim of “suction entrapment,” which causes a person to be sucked by powerful force against a spa drain, making it difficult to break free or to be rescued.
Other defendants named in the suit are the home’s owner, Brian G. Duffy; and Rodeo Realty Inc., which represented the boy’s family in connection with the rental of the home from Duffy.
The suit alleges premises liability, negligence and products liability. The suit further alleges Duffy and Rodeo Realty were negligent because there was an inadequate cover on the spa drain. Many newer pools and spas have dual drains that reduce the chance of suction entrapment when compared with single-drain spas such as the one in which the boy died, the suit states.
The Pentair Intelliflo pump that Duffy bought for the spa in about 2011 was the company’s best and most expensive pump, equipped with a 3 hp motor that “creates a great deal of suction,” according to the complaint.
The pump did not have a safety vacuum release system, which was developed by Pentair and can shut off a pump when a suction entrapment situation is occurring, the suit states.
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