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Parents to sue Lakeland schools

Brian Walker | Hagadone News Network | UPDATED 12 years, 10 months AGO
by Brian Walker
| May 23, 2012 9:15 PM

RATHDRUM - The parents of a Spirit Lake Elementary student have filed a tort claim against the Lakeland Joint School District due to injuries their daughter sustained while allegedly slipping on a wet floor and falling down stairs.

The tort, which is an intent to sue, was filed by Lonnie and Jan Roberts and claims at least $500,000 in damages, including lost wages, medical expenses, disability, loss of enjoyment of life and attorney fees.

The tort claims a janitor "negligently and recklessly" mopped the floors and stairs on Nov. 9, 2011, at a time when they were being used by students, causing the floors to be slick.

"As a result, ... (she) fell down on the wet and slippery surface which caused her to fall down the stairs, resulting in severe and permanent injuries to her left knee," the tort states. "(She) has undergone extensive medical treatment and it is anticipated that she will require additional expenses and medical treatment in the future."

The Lakeland Joint School Board is expected to table the tort claim tonight, which would mean that a lawsuit can't be filed within 90 days under the Idaho Tort Claims Act.

Neither the Robertses nor their attorney, Charles Bean, could be reached for comment.

The tort doesn't specify the extent of the injuries, the amount of the medical bills and more information on the alleged incident.

It states that the school and district "had an obligation to protect its students and persons coming upon the premises from foreseeable risks of harm and had a duty to carefully hire, train and supervise its janitorial personnel."

Brad Murray, Lakeland's assistant superintendent, declined to comment on the tort claim.

If a suit is filed, Charlie Dodson, an attorney representing the school district, said it will be referred to the district's insurance carrier CNA and defended by the Boise law firm of Anderson, Julian and Hull.

"We always take the position that we have no liability and that the district was not negligent," Dodson said. "But, ultimately, someone in a black robe or a jury will make that determination."

Dodson said it would be inappropriate for him to comment on any details about the alleged incident since he wouldn't represent the district if a suit is filed.

He said he believes the assumption of risk involved will be a key factor in determining the outcome.

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