Yesterday, the couple sued the Holiday Inn at 6323 Ritchie Highway for $20 million. William Boulay was in good condition at the Johns Hopkins Children's Center this morning afte the freak accident Wednesday afternoon. The lawsuit alleges that hotel management didn't secure a cover on the 6-inch drain, which sits at the bottom of a wading pool, nor did it place a lifeguard on duty.

The child was sucked into the uncovered drain and became trapped there for several minutes before hotel employess reduced the water pressure. "His bottom was sucked into the 6-inch drain. He was the stopper for the drain," attorney Christopher P. Brown said.

The accident was the Boulay family's second tragedy in as many months. The Boulays have been staying at the Holiday Inn since July 6 after a fire destroyed their Brooklyn home.

The lawsuit, filed in county Circuit Court, charges that the Holiday Inn, didn't screw the drain in, as required by law. The drain cover apparently had been held in only by water pressure and was found floating in the pool, Mr. Brown said.

Brian Perkins, the hotel's manager, said yesterday that the hotel had shut the toddler pool and an adjacent pool since the accident. He said the hotel is investingating the mishap and hasn't determined whether it did anything wrong. "It's still under investigation," Mr. Perkins said. "Obviously, we're concerned for the child and his health." The county Health Dpartment is also investigating the case but hasn't decided whether it will take action, spokesman Steve Witt said.

But Mr. Brown, who visited the pool yesterday, said the screw holes for the drain cover had been caulked over, and a part-time maintenance works was acting as a lifeguard. No similar accidents had been reported at the hotel pool, he said.

The toddlers's bladder was ruptured and he lost roughly 80 percent of his intestines, Mr. Brown said. He likely will require a special diet for the rest of his life.