A neighborhood pool in Palo Alto is now at the center of a multimillion-dollar courtroom fight, after a father who went underwater during a weekend swim was later taken off life support. His family says the only lifeguard on duty that day was poorly trained, stuck on long shifts without breaks and even wearing jeans while supposed to be watching the water. The civil trial is expected to test how far a standard membership waiver can go in protecting a beloved local swim club from liability.
According to Palo Alto Daily Post, the wrongful-death suit filed by widow Anita Krishnakumar and the couple’s four children says 38-year-old Sumanth Kolar jumped off a diving board during a swim with his kids on Aug. 4, 2023, and then sank under the water. The complaint says 17-year-old lifeguard Brendan Ho pulled Kolar’s limp body from the pool with help, and that the rescue took between three and ten minutes. Kolar was later taken off life support. The Daily Post reports the case, filed in March 2024, is scheduled to go to trial next Monday in Santa Clara County.
Initial coverage at the time described emergency crews finding the swimmer at the bottom of the deep end and lifeguards and club members pulling him out, as reported then. Palo Alto Online quoted Palo Alto Fire Department officials saying there was no obvious head trauma and that rescuers immediately began life-saving efforts.
The Eichler Swim & Tennis Club’s own website describes a small, year-round facility with a six-lane, 25-yard heated pool, a separate diving well, four tennis courts and a capped membership with a long wait list. Eichler Swim & Tennis Club lists the club layout and membership cap, details the swim team and promotes seasonal programs that rely on on-site lifeguards.
What the suit alleges
Per the family’s complaint and reporting by the Daily Post, the plaintiffs say the club failed to follow American Red Cross lifeguarding principles. Ho testified in October 2024 that he was never trained on pool-scanning procedures or told that jeans were unacceptable lifeguard attire, according to the suit. The complaint also claims guards were given extra tasks, such as registering guests on an iPad, and that lifeguards had no breaks during a six-hour shift. The Daily Post further reports that the club’s attorney withdrew a motion to dismiss after an email surfaced from a club member who said he had seen Ho wearing ear plugs or looking at his phone a week before the drowning.
Training standards and legal questions
Whether the waiver Kolar signed will block the family’s claims will turn on how the contract is interpreted and what the evidence shows about training, staffing and supervision. The American Red Cross lifeguarding program stresses systematic surveillance, scanning drills and rotations to keep guards alert, standards that the family’s lawyers say were not met at the club. American Red Cross materials note that surveillance and scanning skills are core to lifeguard performance and that refresher training and structured procedures support effective coverage.
What to watch at trial
The trial is expected to zero in on training records, staffing plans, rotation and break policies, the contents of the newly disclosed email and whether those details add up to negligence under California law. Plaintiffs are seeking what the club’s attorney has described as an eight-figure award, while the club argues that the waiver and the inherent risks of pool use limit its exposure. The case will be heard in Santa Clara County Superior Court, which handles civil trials for the region.
For neighbors and parents who rely on member-run pools, the lawsuit raises a pointed question about how much oversight private clubs must provide and how their safety practices are enforced. Court filings and testimony next week will offer a closer look at how one Bay Area pool was operating before tragedy struck.
