COVINGTON — Five weeks after 6-year-old Dylan Roberts drowned in a closed municipal pool, his parents have sued the city, claiming Covington officials failed to correct or properly warn the public of “the known dangerous condition.”

Dylan Roberts

        Using the recently filled-in Rosedale Pool as a backdrop, attorney Eric Deters said Tuesday that Dylan's parents — Michael Cole Sr. and Carla Roberts — had filed suit in Kenton Circuit Court, seeking a jury trial and unspecified damages.

        The announcement came the same day the city released results of a monthlong police investigation that found no criminal wrongdoing in Dylan's death.

        The report did not address the city's responsibility, but rather focused on police investigation documents.

        Mr. Deters said he filed suit after the city's lawyers appeared to be unwilling to negotiate a settlement.

A cross marks what was Rosedale Pool, before the city of Covington filled it in after 6-year-old Dylan Roberts' drowning. (Patrick Reddy photo) | ZOOM |

        He would not disclose proposed settlement terms, including a dollar figure.

        “The city of Covington wants to defend the tragic death of Dylan Roberts at this time, rather than accept responsibility,” Mr. Deters said Tuesday.

        “It is clear to us from our investigation to date that the city of Covington is solely responsible for Dylan Roberts' death.”

        City Solicitor Joseph Condit said he had not seen the lawsuit, but would file an appropriate response once the city was served.

        After the flood-damaged Rosedale Pool was closed in March, 1997, the city received money “specifically for the removal or cure of the dangerous condition by filling in the pool,” the suit claimed, but had not done so by Sept. 1, 2000 — the date divers pulled Dylan's body from 7 feet of stagnant water.

        City officials have said the money — more than $80,000 — from the Federal Emergency Management Agency was not sufficient to fix or replace the pool.

        The suit also claimed the city could have prevented children, including Dylan, from entering Rosedale Pool by maintaining and repairing the fence surrounding the pool area, by erecting warning signs, and by ensuring the area was secured from trespassers.

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