Family of teen who nearly drowned sues city

The family of a boy who nearly drowned at a city pool in 2008 has filed suit against the City of Philadelphia, claiming that a city employee took payoffs from teens so they could swim after hours without a lifeguard.

The complaint, which seeks damages of more than $200,000, alleges that payoffs to Department of Recreation employees are a "common practice throughout the city." The suit, filed July 9 in Common Pleas Court, does not specify which other city-run recreation centers may be involved.

A spokesman for the Department of Parks and Recreation, Alain Joinville, said he could not comment on pending litigation.

The boy, who was hospitalized for four days, did not suffer long-term physical injuries.

It was a hot summer's evening July 15, 2008, when Khalik Miller, then 16, went to the Awbury Recreation Center in East Germantown after it had closed. He was one of 30 teens who converged on the center after 6 p.m. to cool off, the suit states.

For $2 apiece, an employee at the rec center, identified in the suit as "John Doe," let the kids in. There was no lifeguard on duty or adult supervision at the pool, the suit states.

Miller, who had a part-time job at the National Constitution Center at the time, was an able swimmer. He paid his $2 and jumped in the pool with the other teens, said his attorney, I. Michael Luber.

It wasn't the first time Miller had paid for the privilege, Luber said.

"He's not exactly sure on the number of times," Luber said. "But Khalik said he and others paid at this location and others."

As the teens splashed about, Miller got out of the pool to jump in again. He dived into the shallow end and hit his head on the bottom. The impact knocked him unconscious, Luber said.

About the same time, the employee returned, ordered the teens out of the pool, and began to lock up. He noticed that someone was still in the water, the suit states.

"Kids started yelling and screaming" when they saw Miller submerged and motionless, Luber said. Two teenage girls jumped in, pulled the boy out, and began giving him cardiopulmonary resuscitation.

"The employee rendered no assistance and failed to call for medical help," the suit alleges. It is unclear who called 911.

Witnesses later estimated that Miller had been submerged for up to two minutes, Luber said.

An ambulance rushed the unresponsive Miller to Albert Einstein Medical Center, where doctors revived him. He was transferred to St. Christopher's Hospital for Children, where he spent four days on a respirator, Luber said.

According to Luber, Susan Slawson, commissioner of the city's Department of Recreation, visited the boy in the intensive-care unit.

Through her spokesman, Slawson declined to comment.

Miller recovered from the near-drowning and "appears to be pretty good, from a physical standpoint," Luber said.

"But now, he's very withdrawn and suffers nightmares about the incident."