Accident haunts B.C. School s
School District faces lawsuit
by C.F. David
The Boise City School District is facing a lawsuit in excess of $10,000, brought on by a May, 2004 accident on the elementary playground.
According to court records, (CJ-2004-61), the Boise City School District is named as the defendant in a lawsuit brought by Amber Ottinger, age 9, through her mother, Leanne Ottinger.
According to the records, on or about May 3, 2004, Amber, while playing on equipment on the Boise City Elementary School playground, there was an equipment failure causing the child to fall and fracture her right arm. That injury also severed an artery.
Ottinger filed a notice of written claim on Aug. 3, 2004, which was denied by the school's legal counsel, Laura Holmes.
The lawsuit makes the claim that the fall by and subsequent injury to Amber Ottinger was due to neglect by the defendant, (Boise City Schools), in the installation and maintenance supervision of the playground equipment.
The records continue that the plaintiff, (Amber Ottinger), has endured physical pain, and suffering both past and future, and will and has suffered mental pain.
The record shows and the lawsuit claims that Ottinger, having fallen and being injured, has suffered permanent injury, disability, physical impairment, loss of earning capacity and disfigurement, past and future incurred medical bills, attorney's fees, interest and all other proper and equitable relief in excess of $10,000.
The school denies every allegation, while admitting Ottinger fell. They claim insufficient evidence to form an opinion on the nature of the injury, and claim any injuries were caused in whole or part by the acts of a third party or parties and negligence of the plaintiff's [Leanne Ottinger] minor child. The defendant also claims that the plaintiff's claims are barred by the defendants immunity to liability by virtue of exemptions and limitations from liability under the provisions of the Oklahoma Governmental Torts Act.
The school has asked the court to dismiss with prejudice, with the plaintiff taking nothing and the defendant [the school] be awarded the costs and relief of it's defense as the court deems equitable.
The suit is set for a fall 2005 trial, with the date to be set later.
Boise City News