Montevideo School Board members were informed at their August meeting that Independent School District No. 129 has been named as a defendant in a wrongful death lawsuit.


Montevideo School Board members were informed at their August meeting that Independent School District No. 129 has been named as a defendant in a wrongful death lawsuit.

The lawsuit was filed Aug. 4 on behalf of the family of Eddy Ojer, who drowned in the swimming pool at the Kilowatt Community Center in Granite Falls in April of 2009.

Ojer, who was 10 at the time and a fourth-grader at Sanford Elementary School, was at the center with his classmates and third-graders as part of a reward day for their performance in Accelerated Reading and Accelerated Math courses. Eleven chaperones accompanied the children, and there were two lifeguards on duty at the center.

According to Dr. Luther Heller, superintendent of schools, the district’s insurer, Indiana Casualty, has assigned an attorney to the lawsuit. The district and the insurance company will consult regarding having the district’s attorney involved, as well.

“There is no discovery yet,” Heller told board members. “The parties are just exchanging information at this time. We will have a better idea of where things stand in the next 60 to 90 days.”

On the advice of the insurer’s attorney, anyone from the school district administration or in any way connected with the incident will not comment on the lawsuit.