GALVESTON, Texas – A $1 million lawsuit has been filed against Moody Gardens in the drowning death of a child at Moody Gardens Hotel in Galveston, law firm Zehl & Associates announced Thursday.
The firm said it is representing Matthew Rayburn, the father of 4-year-old Asher Rayburn, in a wrongful death lawsuit alleging gross negligence against Moody Gardens Inc. after the boy drowned in the pool.
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According to the petition, the child was found at the bottom of the pool on the night of July 2 and was pronounced dead the following morning, just days before what would have been his fifth birthday.
“This is the kind of tragedy that no parent or family can ever be ready for,” Rayburn’s attorney, Ryan Zehl of Zehl & Associates, said. “What makes this situation even more horrific is that it was completely preventable had the hotel taken even the most basic precautions.”
The boy’s mother had reportedly taken Asher on a birthday trip to Galveston for the weekend and they were guests of the hotel at the time of the incident.
The lawsuit alleged that the hotel pool had no staff on duty to monitor the pool. The witnesses who found the boy performed CPR but it is not known exactly how long Asher had been underwater before he was discovered, the petition said.
The claims listed against Moody Gardens in this lawsuit included:
- Failing to properly monitor and control access to the pool area.
- Failing to properly hire, manage, train, and supervise competent employees.
- Failing to respond or intervene in a timely and adequate manner.
- Failing to take appropriate and reasonable action.
- Failing to provide timely and/or adequate medical assistance.
- Failing to provide and enforce adequate safety equipment, policies, and procedures.
- Failing to have lifeguards on duty.
Moody Gardens Hotel released a statement July 2 on what they said was a “heartbreaking incident.”
“The management and staff at Moody Gardens are devastated by this tragic event, and have been working with the authorities as they conduct their investigation to understand the circumstances that led to this incident,” the statement said.
Moody Gardens’ President/CEO John Zendt asked for the support and prayers of the community during this time.
“We are deeply saddened by the tragic incident that occurred Saturday evening at our hotel,” Zendt said. “As a parent and grandparent, my heart breaks for this family. We urge everyone to keep this family in their closest prayers. We kindly ask for the media’s and public’s understanding and respect for the privacy of the affected family during this profoundly difficult time and all of the other families staying with us. This is a situation that is difficult for anyone to process, especially those who were here and are a part of the Moody Gardens family.”
KPRC 2 reached out to Moody Gardens for a statement following the filing of the lawsuit. We have not yet heard back.