Flint nonprofit settles recess injury lawsuit for $25K
Flint – A Michigan nonprofit has settled a lawsuit over an incident in which a group of students injured a boy during recess at a public charter school it operates.
The North Flint Reinvestment Corporation was ordered to pay $25,000 last month for the October 2015 incident at Eagle’s Nest Academy, The Flint Journal reported . The school had just begun operations September 2015.
The students attacked the 10-year-old boy and broke his arm, according to court records. The lawsuit alleged that there were no adult supervisors on the playground, despite the boy’s mother having expressed concerns to school administrators about students physically bullying her son.
The boy had to undergo surgery and now has a permanent screw in his arm, the lawsuit said.
The corporation argued that there was a lack of evidence to show the organization directly caused the boy’s injuries.
“Rather, the undisputed facts are that fellow classmates of the minor plaintiff who allegedly ‘dog piled’ on him during a recess period at school, were the proximate cause of the injuries of which the plaintiff complains,” the corporation said in court filings.
Genesee County Circuit Judge Geoffrey Neithercut dismissed the school as a defendant in the case, saying it’s entitled to governmental immunity in the matter.
Almost $15,500 of the settlement to the boy, who’s now 12 years old, will be place into a restricted account. Those funds will only be allowed to be withdrawn with the permission of the probate court, court records said. The other funds will cover attorney fees and additional costs.