WARREN COUNTY, Mo. – The parents of a toddler who drowned in an above-ground pool almost six years ago in Warren County were given $25 million Friday in a lawsuit against the company who manufactured the pool, according to court records.
The Eastern District of Missouri presented the money to Kyle and Annaleah Justice, who were the parents of a 2-year-old girl when she drowned in a Bestway above-ground pool at her grandparents house.
Court documents place blame on Bestway’s design of the pool and Rural King in the county for their advertisement of it.
On Aug. 3, 2019, the 2-year-old girl approached the pool. The ladder was 11 feet away from the pool to prevent her from being able to get in, however, there was a nylon strap just over a foot above the ground that went around the pool. Records state that she used that nylon strap to step on and gain access to the pool, as photos also displayed muddy footprints of a small child above the strap.
“Bestway designed the pool in the manner that created a nylon ledge barely one foot off the ground to save the few dollars or cents per unit it would have taken the render the pool reasonably safe. In so doing, Bestway showed complete indifference to or conscious disregard for the safety of others and engaged in conduct that was so egregious that it was tantamount to intentional wrongdoing because the natural and probable consequence of the conduct is death of a toddler by drowning,” the lawsuit said.
Additionally, it said that Rural King sold and advertised the pool despite their knowledge of the defect.
Bestway and Rural King were accused of several counts of a wrongful death.
“(Friday’s) verdict delivers justice by holding Bestway USA accountable for the wrongful death of a bright and beloved two-year-old. The jury’s decision affirms that Bestway’s defective nylon strap directly led to this heartbreaking tragedy. While no verdict can undo their loss, we are honored to have stood by the Justice family and hope this brings them some closure and drives safer design to prevent future harm,” attorney for the Justice family Jake Plattenberger said.