School district denies liability in injury suit

January 2023 Posted in Business, News

By Stephen Floyd

The Silver Falls School District (SFSD) has denied liability in a $369,501 personal injury lawsuit by a former Silverton Middle School student who broke a leg at school in 2017 after allegedly slipping on a wet floor.

On Dec. 28, 2022, the district admitted the student attended the school during that time, and a tort claim was filed with the district the following year, but denied all other allegations.

The lawsuit, filed Nov. 29, 2022, in Marion County Circuit Court by Guardian ad Litem Kimberly Cramer, claims the student, 11 at the time, entered a school bathroom after it was recently mopped, slipped and struck the wall and floor, facturing a lower leg. This allegedly resulted in chronic mobility and pain problems, as well as psychological trauma.

The suit seeks $43,153 for actual and future medical expenses, $1,348 for the expense of rescheduling a family vacation, and $325,000 in non-economic damages for pain and suffering.

The district argues the plaintiff is unable to provide proof of their allegations, that damages to plaintiff were the result of negligence by another party, and that the suit was filed past the statute of limitations. SFSD has asked for the suit to be dismissed, and for its legal costs to be reimbursed.

The case has been assigned to Judge Edmonds and a future hearing date has yet to be set.

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