Parents of Sag Harbor Student Who Drowned on Rafting Trip File Lawsuit Against School District

Parents of Sag Harbor Student Who Drowned on Rafting Trip File Lawsuit Against School District

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Cesar Albarracin Guncay’s family files wrongful death lawsuit following Lehigh River drowning

The parents of 12-year-old Cesar Albarracin Guncay have filed a lawsuit in Suffolk County Supreme Court against the Sag Harbor School District and several trip organizers following the death of their son during a sixth-grade rafting excursion in Pennsylvania, Newsday reported.

Cesar, a student at Pierson Middle School, drowned on May 27 while participating in the school’s third annual whitewater rafting trip to the Lehigh River in East Penn Township, Carbon County. The lawsuit, filed Monday by Cesar’s parents, Cesar Hernan Albarracin Guncay and Delia Leonor Guncay Morales, seeks compensation for damages that the easthamptonstar.com reports exceed the jurisdictional limits of all lower courts.

The legal action names several parties as defendants, including Superintendent Jeff Nichols, the transportation provider Hampton Jitney, and Whitewater Rafting Adventures LLC, a company owned by Steve and Hilary Bretzik. The suit alleges that the district, the superintendent, and the other named entities acted negligently and recklessly in their oversight of the trip involving nearly 80 students aged 11 and 12.

Allegations of inadequate supervision and river hazards

At the center of the legal dispute are claims regarding the ratio of professional guides to students. While the school district had reportedly assured families that every raft would include a professional and certified guide, the lawsuit alleges a significant discrepancy in actual staffing. According to the court filing, the district provided 10 teachers to supervise 14 separate rafts, while Whitewater Rafting Adventures supplied only five guides who were traveling in kayaks rather than inside the rafts with the children, easthamptonstar.com reported.

The lawsuit further contends that the parties involved failed to scout the river course for obstacles. Specifically, the suit alleges that the raft carrying Cesar struck a “tree strainer”—a submerged fallen tree—which caused the vessel to capsize. Newsday reported that the suit claims the strainer’s currents pulled and suctioned Cesar’s body under the water, pinning him beneath branches and preventing him from resurfacing.

Lehigh
Photo: 27east.com

Additional details provided by easthamptonstar.com suggest that the rafting company did not disclose that two dam releases had occurred just days before the trip, which had increased the water levels and the difficulty of the rapids. The suit alleges the company was negligent for not canceling the trip or choosing a different course given these high-water conditions.

Superintendent Jeff Nichols issued a statement to Newsday saying the district does not comment on pending litigation but reiterated that “the loss of Cesar remains a profound tragedy for our entire school community.” He added that Cesar was a “valued and cherished member of our school family.”

Liability and school district responsibilities

The litigation places heavy emphasis on the role of Hampton Jitney and the school district’s decision-making process. The lawsuit claims the district hired Hampton Jitney to select the operating company for the trip, but alleges the school failed to obtain written consent or waivers from parents authorizing the Jitney to make that selection, according to easthamptonstar.com.

Parents of Sag Harbor Student Who Drowned on Rafting Trip File Lawsuit Against School District
Photo: easthamptonstar.com

The suit also alleges that Superintendent Nichols was “vicariously liable” for authorizing the trip and failed to verify whether the sixth-grade students had any prior whitewater rafting experience. While Cesar and four other students on the raft were wearing life jackets, the Pennsylvania Fish and Boat Commission previously told Newsday it would review all safety equipment used as part of its ongoing investigation into the death.

A 12-year-old student from Sag Harbor died following a rafting accident during a school trip

A spokesperson for Hampton Jitney stated to Newsday that the company served as the transportation provider during the trip but could not comment further due to the litigation. Whitewater Rafting Adventures did not respond to requests for comment, Newsday reported.

The legal proceedings follow a period of tension between the family and the district; easthamptonstar.com reported that on July 17, claims were made to the school that it refused to pay, though no specific dollar amount has been requested in the current suit.

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