Intro EDWARD: YOUR GO THIS WEEK A FLORIDA MAN DIED BY DROWNING IN NORTH MYRTLE BEACH. SINCE THEN THE CITY HAS BEEN SERVED NOTICE OF A LAWSUIT. TODAY JACKIE LIBRIZZI SPOKE WITH THE ATTORNEY FOR THE VICTIMS FAMILY. >> ON JULY 19, HE WAS SPOTTED AND RETRIEVED BY A BEACHCOMBER. Attorney AFTER THE LAWSUIT CLAIMS HE PASSED BY TWO LIFEGUARD STAND AND APPROACHED A THIRD. THE FAMILY'S ATTORNEY SAYS THE CITY OF NORTH MYRTLE BEACH WAS SERVED WITH THEIR INTENT TO FILE A LAWSUIT. HE SAYS WITH UNSPECIFIED REASONS AND NO X DONATION THE CITY HAS DENIED -- EXPLANATION THE CITY HAS DENIED THE SUIT. HE ENTERED THE OCEAN AT AROUND 4:00 P.M. AND WAS NOT FOUND UNTIL 45 MINUTES LATER ABOUT A MILE DOWN THE SHORE. POWERS SAYS IT IS TROUBLING THE Police LIFEGUARDS FAILED TO DO THEIR JOB AND THE FLAG SHOULD HAVE BEEN READ DUE TO ROUGH WAVES AND RIP CURRENTS. >> THERE ARE TWO THINGS THAT WENT WRONG. THERE IS A DETECTIVE I BELIEVE FROM THE NORTH MYRTLE BEACH POLICE DEPARTMENT WHO OVERSEES THE OCEAN RESCUE, THE LIFEGUARDS, ETC. IT IS HIS JOB TO DICTATE WHAT City FLAG IS UP. HE DID NOT DO HIS JOB. JACKIE: I REACHED OUT TO THE CITY FOR A COMMENT BUT I'M STILL WAITING TO HEAR BACK. POWERS SAYS USUALLY FROM THE TIME HE FILED SUIT UP UNTIL THE TIME YOU'RE IN COURT IS ANYWHERE FROM NINE TO 15 MONTHS. COUNT ON NEWS13 FOR UPDATES ON