PULASKI CO., Va. – The lawsuit filed states that Auston Wingo was attending a daycare at the YMCA in December of 2021 when the 5-year-old was found face down, underwater in the swimming pool before dying at a hospital hours later.
According to court documents, Auston was one of at least 38 children between the ages of five and 10 at the pool during a virtual learning day.
Four YMCA employees were tasked with watching over the children.
The initial investigation determined there was no evidence of criminal negligence.
Now, the family of Wingo is suing the YMCA for $20 million for compensatory and punitive damages.
In the lawsuit, it states at the time of the incident there was only one lifeguard on duty to watch over almost 40 children.
It also states the three childcare workers were not stationed correctly around the pool.
The lawsuit alleges once Wingo was discovered, CPR was not performed and an AED was not readily available.
Wingo was pronounced dead later that evening at LewisGale Hospital in Pulaski.
10 News reached out to the YMCA of Pulaski for comment and received a statement reading:
“The YMCA of Pulaski County staff and volunteers were devastated when Auston Wingo passed away following an incident in our pool in December 2021. We are aware that the YMCA of Pulaski County has been named in a lawsuit stemming from his death. While we cannot comment on pending litigation, the Y takes all allegations of misdoing very seriously and are fully cooperating in all facets of the legal process.”
Dave Adkins CEO of YMCA Pulaski
10 News also reached out to the legal team of Wingo and received this statement: