Our 8 year old client went to the swimming pool at her apartments with her sister and brother and she was playing in the pool around the area where the pool goes from shallow to deep when she went under water causing her to move toward the deeper end of the pool. An undetermined time later, a young boy alerted the lifeguard that our client was submerged in the water. The lifeguard, who was sitting at the side of the pool, then jumped into the pool and pulled her out of the pool and called 911 and began CPR. We alleged Defendant breached its duty to constantly observe the pool while in use, failed to remove our client from the pool in a timely manner and failed to apply emergency life saving techniques in a timely manner. The Defendant contended that the lifeguard on duty only turned away from the pool for moments as the lifeguard disciplined some unruly boys at the end of the pool. Our pool expert established that the lifeguard did not observe the duties she owed under the American Red Cross guidelines. University of Florida medical expert presented evidence that our 8 year old client was under the surface for at least 5 minutes to as much as 10 minutes based on a review of her medical records. Her injuries included hypoxic encephalopathy secondary to drowning.