Family Sues Sag Harbor School District Over 12-Year-Old’s Drowning on Rafting Trip

The parents of Cesar Albarracin Guncay allege negligence and inadequate supervision during the fatal school trip to Pennsylvania. The lawsuit also names the superintendent, Hampton Jitney and a rafting company.

The parents of Cesar Albarracin Guncay, the 12-year-old Sag Harbor student who drowned during a school rafting trip to Pennsylvania in May, have filed a wrongful death lawsuit against the Sag Harbor School District, Superintendent Jeff Nichols, Hampton Jitney and Whitewater Rafting Adventures.

The lawsuit, filed Nov. 2 in Suffolk County Supreme Court, alleges that inadequate supervision, insufficient safety precautions and dangerous river conditions contributed to the death of the Pierson Middle School sixth grader during the school’s annual class trip to the Pocono Mountains.

Cesar died May 27 after his raft capsized on the Lehigh River in Carbon County, Pennsylvania. According to the Pennsylvania Fish and Boat Commission, Cesar was among five people thrown into the water when their inflatable raft overturned. The other four occupants were rescued safely, but Cesar did not resurface. His death was ruled an accidental drowning.

What the Lawsuit Alleges

The lawsuit, brought by Cesar’s parents, Delia Leonor Guncay Morales and Cesar Hernan Albarracin Guncay, along with a co-administrator of his estate, alleges that the school district failed to provide adequate supervision for approximately 80 sixth-grade students participating in the rafting excursion.

According to the complaint, the district provided approximately one teacher for every 10 students, while professional rafting guides traveled separately in kayaks rather than accompanying children inside their rafts.

The family alleges that parents had been assured that each raft would have a professional, certified rafting guide aboard.

The complaint also raises questions about the river conditions and whether the district and rafting company had adequately assessed the course before allowing the students to participate.

According to the lawsuit, a fallen tree in the river created a dangerous obstruction known as a strainer, which allows water to pass through while potentially trapping people or objects beneath the surface.

The family alleges that four rafts capsized near the obstruction, including the raft carrying Cesar, and that the district and rafting company failed to identify or adequately address the danger.

The lawsuit further alleges that two scheduled dam releases in the days preceding the trip had increased water levels and the strength of the rapids, making the course more difficult.

The complaint also questions whether the district had determined if the children had previous whitewater rafting experience and alleges that the rafting company failed to provide properly trained or certified guides.

Hampton Jitney is named in the lawsuit in connection with its alleged role in selecting the rafting operator. The complaint alleges that parents had not provided written authorization for the company to make that selection.

The allegations have not been proven in court.

A Community Devastated by the Loss

In a statement following the filing, Superintendent Nichols said the district would not comment on pending litigation. He also reiterated the profound loss Cesar’s death has meant to the school community.

Following the May tragedy, Whitewater Rafting Adventures owners Hilary and Steve Bretzik expressed their condolences and said the company was cooperating with investigators.

The drowning devastated the Sag Harbor community, where Cesar was remembered as a beloved classmate, friend and athletic young boy who loved soccer, animals and art.

Mourners gathered in June at Queen of the Most Holy Rosary Catholic Church in Bridgehampton to say goodbye to Cesar, many wearing blue in his memory.

He was laid to rest at St. Andrew Cemetery in Sag Harbor.