On December 02, the Bailey family settled a law suit that was pending in Nueces County for the wrongful death drowning of their deceased daughter, Toynelle Bailey, against Port Royal Ocean Resort in Port Aransas Texas. The terms of the settlement were confidential. The other defendant in the case, Tour-Rific of Texas, a company that planned the high school band trip that Toynelle participated in and reason why she was there, was kept in the law suit as lawyers for both sides declined to settle that part of the case.
In their suit the Baileys alleged that Port Royal was negligent of their swimming pool maintenance and failed to hire lifeguards which resulted in Toynelle’s drowning at the resort. Toynelle was visiting the resort while on a trip with her high school band, The Mighty Eagle Band, who was scheduled to play in the Buc Day’s Parade on May 05, 2008.
In the settlement the Baileys agreed to release all claims against Port Royal in return for a confidential settlement. Port Royal did not acknowledge that they were in fact negligent as a result of the settlement. Attorneys for the family, Robert C. Hilliard and Jesse E. Guerra Jr. of the law firm Hilliard and Munoz LLP, a firm that specializes in swimming pool drowning cases also have a pending suit against the resort for the drowning of four year old, Miles Tafolla, who drowned at the resort in June of 2006.