The family of two teenage brothers who drowned in a public school pool in Bayonne has agreed to a $26 million settlement, ending a civil case that uncovered what their attorneys claim was a pattern of lies, coverups and reckless disregard for safety by school district staff.
Attorneys for the family of Chu Ming Zheng, 19, and Jack Jiang, 16, say depositions, surveillance video and witness statements revealed the Bayonne Board of Education failed to properly staff the Lincoln Community School pool during an open swim session on June 8, 2022, and then misled police about it.
Darryl L. Zaslow, the family’s attorney, told NJ Advance Media on Wednesday that the family had rejected an earlier settlement offer of $14 million.
“Obviously, everything pales in comparison to the loss of these two children,” Zaslow said. “But they realize the boys are not coming back, and the family has decided to settle.”
The $26 million settlement was reached on Nov. 13 during a hearing between attorneys for both sides that was moderated by the judge in the case.
The settlement will be paid through the New Jersey Schools Insurance Group’s North Jersey Educational Fund, a public insurance pool that allows school districts to share coverage and risk-management costs.
The dive well where the brothers drowned includes a four-foot-deep submerged shelf beside a sudden drop to 13 feet, where a single misstep would plunge a swimmer into deep water.Photo courtesy of Darryl L. Zaslow
The brothers were described by witnesses as “clearly learning how to swim.” They drowned after slipping from a shallow 4-foot shelf into the pool’s 13-foot drop-off.
“Experts maintained that what made this dive well so inviting and dangerous was a shallow water shelf of 4-feet deep directly adjacent to the 13-foot deep section used for diving and immediately behind the bulkhead,” Zaslow said.
Zaslow said the pool has been closed since the boys died. The attorney did not have information as to whether the pool would be modified if and when it reopens.
A spokesperson for the Bayonne Board of Education was not immediately available to comment.
Surveillance footage obtained by the family’s attorneys shows one lifeguard walking away without urgency after spotting the boys in distress.
District policy required three lifeguards on duty, but only two were present when the drownings occurred, attorneys said.
One lifeguard acknowledged in a deposition that he “didn’t get wet” the night of the drownings, while the other, assigned to the kiddie pool, became overwhelmed after rescuing only one brother.
A civilian swimmer pulled the second teen from the bottom.
Attorneys say several staffers falsely claimed three lifeguards were working, statements contradicted by video.
They also allege administrators failed to enforce basic safety protocols, had no emergency action plan and allowed staff with limited training to run a crowded public session.
Additionally, the staff had no on-site training drills to help them manage an emergency, attorneys said.
Zheng was a freshman at the University of Miami and Jiang was a Bayonne High School student.