Family of toddler who drowned file lawsuit

The family of a toddler who drowned while at an unlicensed Pittsfield Township daycare is suing a number of people connected to the property.

The suit was filed. Sept. 27 in Lorain County Common Pleas Court on behalf of Amy L. Papesh, who serves as the administrator of Annie Mae Flynn’s estate.

Annie was 22 months old when she drowned in the backyard pool of a home in the 17000 block of West Road, while under the care of 50-year-old Elizabeth Zenda, who is serving a fouryear prison sentence for involuntary manslaughter and two counts of endangering children.

On Oct. 16, 2016, Annie and her 21-month-old male cousin exited a gated play area in the back of the house, climbed underneath a 7-inch gap below a swing gate barring entry onto a deck surrounding the above ground pool where both were found floating, according to testimony in Zenda’s bench trial.

At the time, Zenda and her now daughter-in-law, Tanya Zenda, 21, were inside of the home discussing wedding plans.

When another child came in showing evidence that he had been in the pool, the pair went out to investigate and found Annie and her cousin in the pool, according to testimony.

Annie was pronounced dead at a local hospital, and her cousin still suffers from brain damage from his time underwater, family members have said.

Elizabeth Zenda was found guilty by Lorain County Common Pleas Judge James L. Miraldi after a brief bench trial in July.

Tanya Zenda is scheduled for a pretrial in Oberlin Municipal Court on Oct. 31 on a single count of child endangering.

The suit names Elizabeth Zenda, her husband, David Zenda, Edgar Rowe and Marietta Rowe as well at 10 unidentified individuals and 10 unidentified corporations as defendants in the suit.

Unidentified individuals and corporations are named in file in case any other individuals or corporations have ownership over the property or the pool where the incident took place.

According to the Lorain County Auditor’s website, Edgar and Marietta Rowe are the listed owners of the property.

The suit alleges two counts of negligence; the first is against Elizabeth Zenda and directly relates to her actions on the day of Annie’s death.

The second is against all defendants and claims they breached their duty by allowing the seven-inch gap in the gate to the pool which Annie and her cousin used to enter the swimming area.

The suit is seeking an amount in excess of $25,000 for both counts of negligence.

Defendants in the case could not be reached for comment.