GALVESTON, Texas – The mother of Nicolas Garner filed a lawsuit against The Children's Center in Galveston Tuesday after she says the organization was negligent when her son was in their care the day he drowned, according to the lawsuit.
Garner is seeking $1 million in damages, the lawsuit says.
The lawsuit said Nicolas and other children were under The Children's Center's care when they were escorted by an employee to the beach near the area of 17th Street after the Galveston Island Beach Patrol had issued a Red Flag Warning.
The Red Flag is "flown when conditions are determined to be out of the ordinary, such as the presence of strong wind, strong current or large surf. Adult swimmers should stay in water no more than waist deep and non-swimmers and children should be kept along the surf line," according to the Galveston Island Beach Patrol's website.
That particular day had a current that was running from west to east, Peter Davis with Galveston Island Beach Patrol said.
A lateral current pushed the boys toward the rip current near the rocks of the groin, Davis said.
They entered into the water in an un-prohibited area, but were swept into a prohibited area, Davis said.
At least one child was caught up in a rip current at the beach, which led Nicolas to dive in after the child, attempting to save the child, the lawsuit said. Nicolas went in after the child, Noah Authement, but was also caught up in the current and drowned.
Eleven-year-old Noah's body was found along the shore a few days later.
Nicolas' body was never recovered.
KPRC has reached out to The Children's Center in Galveston and is awaiting a response.