Daniel Jeck, Joshua B. Schwartz, and Stephan A. Cornell recently filed a lawsuit against Grandview Gardens Apartments LLC (doing business as Riverview Crossings), Montium, American Pool Management of Pennsylvania, LLC, and Marissa Kuzemka regarding the tragic drowning death of Joel Martel. Joel died on July 6, 2024, at the Riverview Crossings apartment complex at 957 Bristol Pike in Bensalem, Pennsylvania.
According to the lawsuit, which was filed on behalf of Joel’s fiancée Robertha Medgine Begy (as administrator of his estate and parent/guardian of their minor child), Joel visited the apartment complex pool that afternoon with his nephew. The lawsuit alleges that the lifeguard on duty, Marissa Kuzemka, was not at her post but was instead in the pool playing with other guests when Joel jumped into the deep end around 5:49 pm, thrashed briefly, and slipped underwater.
The lawsuit alleges Joel disappeared, unnoticed, for approximately 10 minutes until his nephew asked the lifeguard if she had seen him. Even after the search for Joel began around 6:00 pm, the pool water was allegedly so cloudy and murky that the bottom was not visible from the surface. Joel’s body was not discovered until approximately 6:21 pm—over 30 minutes after he went under—when another swimmer felt his body at the bottom of the pool with their foot. Despite being administered CPR and being transported to a hospital, Joel was pronounced dead around 7:00 pm.
The lawsuit alleges multiple failures by the defendants, including negligent pool maintenance that led to dangerously murky water conditions, inadequate lifeguard supervision and training, and failure to properly monitor and respond to a drowning incident. The suit seeks compensatory damages for Joel’s estate and surviving family members, as well as punitive damages against the defendants.
(Defendant Montium was the management company Riverview Crossings’ owners hired to run the complex. American Pool Management of Pennsylvania, LLC, managed and operated the pool.)
“According to the American Red Cross, ‘surveillance is the main method to fulfill the primary responsibility of a lifeguard, which is to ensure patron safety and protect lives,’” said Dan. “As we allege in this lawsuit, the defendants failed to ensure Mr. Martel’s safety and protect his life.”
“Video evidence shows Mr. Martel drowning in front of an empty lifeguard stand,” added Josh. “At the same time, the on-duty lifeguard was away from her post and playing with children in the pool instead of watching swimmers.”
“This was an entirely preventable event leading to a tragic and unnecessary death,” noted Stephan.
The lawsuit is Robertha Medgine Begy v. Grandview Gardens Apartments LLC d/b/a Riverview Crossings, et al., No. 250101223, filed in the Philadelphia Court of Common Pleas. The Bucks County Courier Times, NJ.com, and Patch.com covered the filing of this lawsuit.
