02-16-2007Warsaw Community School Corp. is facing a lawsuit because of injuries a student reportedly received while on the playground at Atwood Elementary School in 1999.
Dara Christner and her parents, Heather and Jeffrey Christner, filed a lawsuit recently against Warsaw Community Schools asking for a judgement in “an amount sufficient to cover their losses and for all other relief just and proper in the premise,” stated a complaint filed in Kosciusko Superior Court.
According to the complaint, Dara Christner suffered severe injuries when she fell off a set of monkey bars and hit her face on the pavement on Sept. 27, 1999. When she hit the pavement, Dara Christner injured her mouth and several of her teeth were knocked out and knocked loose.
The suit claims that “the surface under the monkey bars did not include any artificial or soft natural surface and therefore created a foreseeable risk of harm.”
Additionally, the complaint states, “... at the time of the injury the recess monitor was inside the school building and not on the playground supervising children.”
The complaint continues, “Warsaw Community School Corp. owed a duty to the plaintiff to maintain a reasonably safe premise and to adequately supervise children on the playground of Atwood Elementary School. That, by virtue of the lack of supervision and lack of adequate maintenance to the monkey bars and surrounding area, defendant breached its duty owed to plaintiff and that breach resulted in harm to plaintiff.”
The suit says Dara Christner incurred future medical expenses and permanent injuries and experiences extreme pain and injury because of the incident.
Following the incident, the monkey bars were removed and pea gravel was added to the area.