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Family Settles Lawsuit In Westchase Pool Drowning

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: May 2, 2008

TAMPA - The family of an 8-year-old girl who drowned in a Westchase swimming pool three years ago has settled its lawsuit against the Westchase Community Association, the community's property management company, a swim coach and a regulating agency for competitive swimming.

Financial details of the settlement are confidential.

Kiana Appleby drowned May 5, 2005, during swim team practice at Westchase Swim and Tennis Center on Countryway Boulevard. Lifeguards noticed she was missing when they called the 30-member Westchase Dolphins swim team out of the water during bad weather. The girl's body was found in the pool about 30 minutes later.

Robert Herce, the attorney for parents Keith and Diana Appleby, said the trial date for the lawsuit was approaching, putting a strain on the parents. Three weeks in court, combing through all the details of their daughter's death, would have been very difficult, Herce said.

"It's been a very, very grievous time," he said. "The litigation has put a toll on them as far as reliving this every day."

The lawsuit was settled with all parties after a lengthy mediation meeting Monday, Herce said. It was filed in November 2005.

Medical reports list the cause of Kiana's death as accidental drowning. The Hillsborough County Medical Examiner's Office reported that syncope, a condition that involves fainting spells, was a contributing factor. Keith Appleby has said that Kiana had fainted three times when she was younger. She adhered to a monitored diet that included eating every two hours, including afternoon snacks such as the one she ate before swim practice.

An attorney for Westchase did not return a call seeking comment.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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