Mother sues county, board of education over son's playground injuries
From Staff ReportsOriginally published: October 30. 2009 3:01AM
Last modified: October 29. 2009 11:49PM
The mother of a former Walland Elementary School student injured in a playground incident has filed a lawsuit against Blount County and the Blount County Board of Education, alleging the school's playground was not properly maintained and that the child was not adequately supervised.
The incident, which happened on Aug. 20, 2004, according to the suit, resulted in Joseph Swibaker suffering "bilateral wrist fractures," the suit said. The Oct. 28 court filing does not explain why the lawsuit was filed more than five years after the incident.
Swibaker's mother, Catherine Dawn Swibaker Williams, filed the suit, claiming her son's injuries were caused because the school's playground "failed to have an adequate cushion of natural or other material on the ground to cushion a falling child." The suit further alleges that "employees and teachers failed to adequately supervise the play area, which is proximate cause of plaintiff Joseph Swibaker's injuries."
Citing medical expenses and lost earning capacity over the course of Swibaker's lifetime, the suit seeks $135,000 in damages.
No response had been filed in Blount County Circuit Court on behalf of Blount County or the Board of Education as of Thursday.
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