Mother dived into pool to save son as lifeguard at Spanish pool was on phone, court hears

A Cork mother had to dive into a swimming pool fully clothed to save her son because the lifeguard she called for help from was on the phone, a court heard.

Mother dived into pool to save son as lifeguard at Spanish pool was on phone, court hears

A Cork mother had to dive into a swimming pool fully clothed to save her son because the lifeguard she called for help from was on the phone, a court heard.

Joshua Kingston got into difficulties while swimming alone in the pool of a Spanish hotel.

His mother Suzanne screamed for help from a lifeguard but, she told Cork Circuit Court sitting in Bandon, he was on the phone.

As a result, she had to dive into the pool at the Protur Vista Badia Aparthotel in Majorca, Spain.

She couldn’t actually get to him but her son, who was just nine at the time, managed to get himself out of the difficulties he was in.

To this day, he doesn’t know what exactly happened in the 2016 incident but the experience left him so traumatized he refused to get into a pool until only a few months ago.

Judge James McCourt approved an agreed settlement for Joshua, who is now 12, of €11,000 for what he suffered and he also awarded Mrs Kingston, who had brought the case, all costs.

The judge also heard Joshua’s younger brother Paul, who was around five at the time, was also affected by the incident.

Although not in the pool at the time, he witnessed what happened.

The judge approved a settlement for him of €6,000 which had also been agreed between both parties.

Earlier, the court heard from the Kingston family’s barrister Stephen O’Donoghue that the case against the four-star apartment hotel - which has since been renovated - and travel agent Adehy had been settled.

He asked for it to be stuck out and asked that the judge make an order for Mrs Kingston’s costs to be paid, which was granted.

But while the matters relating to Mrs Kingston’s two sons had also been settled, Mr O’Donoghue said this was subject to the judge’s approval.

When Judge McCourt then heard details of the case, Mr O’Donoghue told the court the 2016 incident arose “when Joshua got into difficulties in the swimming pool”.

“Arising out of the incident, he suffered ongoing headaches and upset sleep,” he said.

Called to give evidence on her son’s behalf, Mrs Kingston told the court the headaches continued “for a month or two after the incident”.

“Also, he didn’t want to go near water after the incident. He only went back swimming in September and he is making great progress," she said. “But he still doesn’t want to talk about the incident.

He was the only person in the pool. I tried to rescue him. He doesn’t know what happened. I shouted for the lifeguard but he was on his phone.

“When I jumped in with my clothes on, I couldn’t get to him.” She said her son was able to right himself in the water.

Judge McCourt said: “I have no hesitation in approving this.” As well as approving the settlement, he also awarded all costs.

A settlement in favour of his younger brother Paul was approved because “he witnessed what had happened”.

The court heard: “It hadn’t had the same effect on him. He’s back in the pool.”

Life, the court heard, “has resumed for him”.

Mrs Kingston declined to comment before the hearing and said she would not be making any comment once it was over.

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