Lawyer for family of man electrocuted in Harbourside fountain files order to keep fountain intact during forensic testing

By Terri Parker

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    JUPITER, Florida (WPBF) — Rather than demolish it, Harbourside is proposing to cut the electricity to the fountain where Nate Davenport was electrocuted in October while trying to save his children.

Davenport’s family lawyer says they want nothing done until they can continue testing on the fountain, and even then, he says keeping the fountain open does not seem like the best idea.

The fountain at Harbourside’s amphitheater has been dry and boarded over since father of four Davenport was electrocuted there.

In response to a November letter from the town of Jupiter giving Harbourside 90 days to say whether it was going to repair or demolish its amphitheater fountain, an electrical company has now sent a letter outlining what repairs it plans ostensibly on behalf of Harbourside.

Specifically, it details removing a 150 amp circuit breaker, cutting off power to the fountain’s lights and pumps, but keeping power to the rest of the amphitheater.

The Davenport family lawyer says he’s filed a protective order to make sure nothing happens yet.

“My primary concern is that no changes, revisions, modifications, alterations anything at all is done to the fountain and the electrical system while we remain in the early phases of the discovery process in litigation of the lawsuit I’ve filed, said Scott Smith.

Smith said his experts have already conducted two days of tests on the dry fountain but in a few weeks, they are planning to fill it with water and try to replicate the circumstances surrounding Davenport’s death.

Smith is also critical of the plan to simply cut the power to the fountain.

“Is Harbourside truly content just to leave that as a place of entertainment for years to come knowing full well that Nate died right there?” he asked.

The town of Jupiter said it has not issued any permits for any work to be done on the fountain.

Smith has filed a wrongful death lawsuit on behalf of Davenport’s wife and children.

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