An 85-year-old Florida man with dementia drowned after wandering from his senior living apartment and slipping into an unfenced retention pond that his family alleges was in "dangerous disrepair." James Holloway Sr. was found dead in the water near Marcis Pointe in Jacksonville, prompting a wrongful death lawsuit against the property management companies.
Background
Holloway, who suffered from dementia and was known to walk slowly, was reported missing from his apartment at the Marcis Pointe senior living community on March 21. Jacksonville Sheriff's Office deputies subsequently located his body in a retention pond situated near the complex. The incident has reignited concerns about safety measures for vulnerable residents in assisted living facilities, particularly regarding access to nearby bodies of water.
The Investigation
The family has filed a wrongful death lawsuit in Duval County against Wendover Management LLC and NVC-103rd Street, LTD. The complaint alleges negligence in maintaining the area surrounding the pond. According to the lawsuit, the property owners failed to comply with mandatory maintenance strictures, specifically regarding the slope of the land leading into the water. Plaintiff attorneys from The Haggard Law Firm and Edwards Law argue that the steep slope, combined with the lack of fencing or restricted access, allowed Holloway to gain entry to the pond. "An apartment complex with a retention pond absolutely ignores their legal duties for how to maintain that man-made body of water," said attorney Adam Finkle during a press conference. "That retention pond falls into dangerous disrepair, and an absolutely foreseeable and preventable death happens."
Key Takeaways
- James Holloway Sr., 85, died after drowning in a retention pond near his senior living apartment in Jacksonville, Florida.
- The family alleges the pond was unfenced and in 'dangerous disrepair' due to improper maintenance of the land slope.
- A wrongful death lawsuit has been filed against Wendover Management LLC and NVC-103rd Street, LTD in Duval County.
- Holloway's daughter, Latonya Stewart, stated her father 'did not deserve to die the way he did, at the bottom of a pond.'
- Attorneys argue the death was 'foreseeable and preventable' had proper safety barriers been in place.
What's Next
The wrongful death lawsuit is currently in the initial filing phase in Duval County. The next steps involve formal discovery proceedings where the plaintiff's attorneys will seek internal maintenance records from Wendover Management LLC and NVC-103rd Street, LTD to substantiate the claims of negligence. No trial date has been set, and the case will likely hinge on establishing whether the property owners violated specific safety codes regarding the retention pond's accessibility and condition.