Sandals Hotel Sued By John Van Hoy Estate Over Hot Tub Death Trap

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First Posted: 05/18/11 01:25 PM ET Updated: 11/16/11 05:48 AM ET

The family of a man who drowned tragically under the suction force of a hotel whirlpool is suing the resort, its marketing firm, and the hot tub manufacturer.

John Van Hoy Jr., 33, was lounging in the hot tub at the Sandals Royal Bahamian Resort on Dec. 28, 2010 when he dipped his head, only to be trapped underwater by the extreme force of the whirlpool's suction outlet, Courthouse News Service reports.

The complaint describes Van Hoy as "in excellent shape," with the ability to bench press over 300 pounds. Nevertheless, the suction force was allegedly so strong that he could not free himself.

According to the Van Hoy estate, desperate calls for aid from Van Hoy's fiancee, Nicole Cleaveland, were ignored by hotel staff, leading Cleaveland to dive into the hot tub, fully clothed.

The estate claims that no Sandals employees attempted to assist Cleaveland or shut off the suction pump motor. Employees are barred from the pump house, and were therefore unable to access the power-switch for the device, according to Courthouse News.

Several guests did jump into the hot tub to help free Van Hoy from beneath the water, but, after waiting 45-minutes for an ambulance, Van Hoy was pronounced dead at the hospital.

The lawsuit also alleges that hotel employees removed the telephone from Cleaveland's room, and that hotel staff interrogated her with the intention of having her concede fault in Van Hoy's death.

The family is suing for negligence, intentional and negligent infliction of emotional distress, false imprisonment and product liability.

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04:43 PM on 05/22/2011
Guess we'll add this to the list of places to avoid like the plague
07:11 PM on 05/20/2011
Removed the phone from his room?
06:10 PM on 05/19/2011
Nobody knew CPR? 45 minutes without oxygen can be a problem!
11:05 AM on 05/19/2011
What a nightmare....Ive heard stories like this how dangerous
08:52 AM on 05/19/2011
Jews taste like week old chicken. I don't make this stuff up. I swear. Bartle doo.
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HereinDC
08:50 AM on 05/19/2011
But don't Liberterians want less rules and regulations. I'm glad the US has setup rules and regulations. That accident wouldn't of happened in America, there WOULD of been an OFF switch within 10 feet of the whirlpool
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HUFFPOST COMMUNITY MODERATOR
KIVPossum
Moldova Marsupial
08:50 AM on 05/19/2011
Don't buy it for a second. No hot tub / jacuzzi has that kind of suction.

The guy was probably a tad over the legal limit
08:40 PM on 05/20/2011
That was my 1st thought. I've heard this happening to little kids, but not an adult.
11:20 AM on 05/22/2011
As a friend who went to his funeral, I can assure you this a true story, and from what I understand it's the 2nd time this has happened in this same jacuzzi at this same resort. Don't blame the victim.
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JerseyHooligan
Facts have a liberal bias
08:11 AM on 05/19/2011
right, he couldnt just stand up... suction on Jacuzzis are not like that... he had one too many cocktails, and the family is having a hard time accepting it..
04:45 PM on 05/22/2011
read the post below yours, and stop blaming the victim.
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devildoc68
07:37 AM on 05/19/2011
Very sad about this and could have been prevented. Some years ago I took a 5 day class to be certified in pool and spa operations. In Calif. spa's must have two suction intakes so that if one is blocked it does not hold a person down in this way. This happens more often than is reported and the manufacturer and hotel should be held accountable. People enter these things under the assumption that they are safe. Very sad for sure.
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Cori527
Gay democrat agnostic vegetarian!
06:22 AM on 05/19/2011
Tragic, and based on this article, sounds like the hotel is going to lose a lot of money.

On a related note, hot tubs, especially public ones, are disgusting little germ incubation factories and you couldn't get me into one. Improperly cared for private ones can be just as bad or worse. Nasty things.
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CubfanBudman
He Ain't Heavy, He's my Brother
06:15 AM on 05/19/2011
Yet I get a piece of garlic skin (paper or whatever, super thin stuff) stuck to the intake in my dishwasher and it burns out the pump...

This is terrible.

Was the intake on the side of the tub? or the bottom? How does this happen?
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bryan broome
All your money won't another minute buy.
06:49 AM on 05/19/2011
"How does this happen?"
Drunkeness.
This user has chosen to opt out of the Badges program
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07:40 AM on 05/19/2011
Not drunkeness....hornyness!
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pdxist
Feel free to copy my avatar! (Or ask me how.)
03:29 AM on 05/19/2011
Whirlpools have caused a lot of deaths, actually. It's really surprising, but less so when you realize how much suction is needed to create such a large vortex of water. Kids are especially susceptible.
02:48 AM on 05/19/2011
Ok, then, I'll say it: "Man, that sucks".
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bryan broome
All your money won't another minute buy.
07:44 AM on 05/19/2011
Apparently a lot of people didn't get it.
02:44 AM on 05/19/2011
Terrible. I recall this happening to a HS senior a couple of years ago after graduation.
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isis
I, Robot
10:53 PM on 05/18/2011
I just read about a child who sat on a pool drain and had her intestines pulled out. These drains are scary.
02:33 AM on 05/19/2011
Why didn't this business have the new drains installed that are required by law according to the Virgina Graeme Baker Act? I thought this law was enacted to protect and prevent incidents like this from happening? Seriously!
02:57 AM on 05/19/2011
Well, the Baker Act is a US law. The incident happened in the Bahamas.
03:06 AM on 05/19/2011
Probably because the resort was in the Bahamas and not the US.
04:46 PM on 05/22/2011
omg, how horrible