On March 19, 2000, a four-year-old boy drowned in a wet retention pond constructed on a residential apartment project site known as Harvard Apartments in Melbourne, Brevard County, Florida. The decedent and his mother lived in an apartment complex immediately adjacent to the retention pond.
The Plaintiffs alleged that the pond created a hazard as it was over-dug, failed to comply with the sloping requirements of the City of Melbourne and St. Johns Water Management District, and was not fenced per applicable code. The defendants denied the pond was noncompliant with applicable sloping requirements and further alleged that the plaintiffs were comparatively at fault for the incident due to the failure to supervise their child. Nance Cacciatore settled the case prior to trial.