The parents of Joel Flores Jr. filed a lawsuit against the McAllen Country Club for the wrongful death of their 4 year-old son.
In the petition, they state the club failed to create a safe summer camp program.
Flores was swimming at the country club's pool in July when he was spotted at the bottom.
He was rushed to the hospital but didn TMt make it.
His parents filed a lawsuit against the country club in August stating they failed to provide a reasonably safe place for activities and failed to properly supervise the children at the day camp.
Country club administrators declined to speak on camera.
The club's attorney, John Griffith, tells Action 4 News his client has fully cooperated with a temporary restraining order on the club while an expert examined the swimming pool and other evidence connected to the case.
In the days following the drowning, the country club released a statement saying: The board of directors and entire staff are heartbroken over the tragic loss of Joel Flores and share in the grief and sorrow of all those affected by his loss.
Court documents say the parents have suffered emotional pain and torment after their son drowned under the supervision of four lifeguards.
Country Club general manager Joe Lasiter tells Action 4 News off camera, at this time there are no set plans for a summer camp in 2014.
However, club administrators will discuss the matter this winter.
Griffith said he expects both parties to settle the case before it goes to trial in April.