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A family sued Boise after a chemical leak at a pool left them choking, vomiting. Now this

By Sarah Cutler Idaho Statesman

BOISE – It was an ordinary day at West Boise’s Fairmont Pool when Kristen Seeger saw a “green cloud” and detected an odd smell emanating from a shed.

She pointed it out to her mother, Melinda Seeger. Seconds later, they and Kristen Seeger’s 5-year-old son were “swathed by a toxic chemical gas that burned their lungs, throat, noses, eyes, mouth and skin,” according to a lawsuit the family filed in 2023 against the city of Boise and the company that provided the chemicals.

The women wrapped the child in a towel and told him to try to hold his breath, but he continued to cough and cry, saying, “My brain is dying” and “I can’t breathe,” the lawsuit said. Kristen and others at the pool began to vomit from the chemical cloud. Melinda tried to drive the family to the hospital but had to pull over because her eyes were burning and she couldn’t breathe properly, according to the lawsuit.

To this day, family members say they suffer from PTSD from the incident at the pool at 7929 W. Northview St.

“Melinda and Kristen are still haunted by the sounds and images of (Kristen’s son) screaming for help, pool patrons vomiting, and the fear that they may be victims of a chemical attack,” the lawsuit said.

The family accused the city of Boise and its chemical supplier, Oxarc, of negligence. City officials “breached their duties by failing to warn plaintiffs that pool chemicals were being mixed while invitees were swimming, failing to keep the premises in a safe condition while invitees were present, and otherwise failing to exercise ordinary care while the pool chemicals were being improperly mixed, resulting in a toxic and painful chemical reaction,” the lawsuit said.

In April, Oxarc settled the lawsuit “in principle” while awaiting one document related to Kristen Seeger’s son, who now lives outside of Idaho, according to court documents. Though the city of Boise is a named defendant, the terms of its contract with Oxarc mean the company is responsible for “damages incurred by and through the city during their services,” Maria Weeg, a spokesperson for the city, told the Idaho Statesman.

“That means they pay for damages, represent us, etc.,” Weeg said by email. “We are not actively involved in the case.”

In an April response to the family’s lawsuit, the city said it was not liable for the incident because it had “exercised reasonable care and acted in a reasonable and prudent fashion.”

City officials “did not commit any acts of gross negligence or commit reckless, willful or wanton acts,” the response reads, and “no act or omission” on Boise’s part caused the plaintiff’s damages.

Oxarc did not respond to an emailed request for comment or the terms of the settlement. Grady Hepworth, the family’s attorney, declined to comment.

The case was scheduled for a jury trial before Ada County District Court Judge Jonathan Medema in August, but in mid-July, the parties told the judge they had settled the case through mediation outside of court, according to court documents. The documents do not specify the terms of the settlement.