No Settlement in Graydon Drowning Death Suit, Will Proceed to Trial

A Superior Court Judge dismissed the village's request for summary judgment in the case of the teenage Korean boy who drowned at Graydon Pool in 2008 and the two parties could not reach a settlement Wednesday, finally moving the case to trial.

Judge Robert L. Polifroni ruled earlier this month that the case can now proceed after years of legal entanglement caused by a series of motions to name all parties in the suit, and a push for summary judgment.

A settlement hearing on Wednesday at the Bergen County Courthouse yielded no agreements, moving the case to a jury trial in late September.

Soo Hyeon Park, 14 of South Korea, drowned at Graydon Pool on July 15, 2008. The teenage boy was a guest of the Kim family, which had recently moved to Ridgewood and were first-time members of Graydon, according to court documents.

The village was allowed to name the Kim family as 3rd party defendants for allegedly not dispelling the rules and hazards of the sandbottom pool. In turn, the Kim family argued it was "grossly unfair" to be faced with that burden.

The judge agreed.

"It is not reasonable to put a tort duty on a family who invites another family to a public pool covered by lifeguards and to suggest a family has to go over specific rules and regulations set forth by the municipality," Polifroni ruled in his dismissal of summery judgment requests against the Kim family.

Polifroni also dismissed the village's move for summary judgment against the Park family on the accusation they had a responsibility to explain the hazards and rules of Graydon.

Neither family can be named as defendants in the upcoming trial.

The Park family's five-count complaint claims negligence on the part of the village and seeks damages for court costs, pain and suffering, incurred funeral expenses, and medical expenses as a result of having to "witness their child/brother's suffering, terror and eventual death."

"They have suffered severe, extreme and traumatic mental anguish and pain requiring medical attention and psychiatric care," the complaint alleges. Another count alleged improper training of Graydon staff, according to court documents.

Polifroni dismissed the village's counterclaim it could not be responsible for "pain and suffering," as the Park family did not witness the death (though it did witness the search and rescue).

All but the claim that the village's staff was properly trained will be heard at trial on September 26.

Attorneys for both parties declined to comment after the settlement hearing on June 28.