CLINTON, Iowa (KWQC) - A lawsuit has been filed against the Clinton Community School District following a student’s injury in May of 2017.
According to a lawsuit filed by Lisa M. Nelson on behalf of a minor child identified as B.S.N., the student was playing on a playground at 716 N. 2nd Street in Clinton. The lawsuit filed by the plaintiffs’ attorney, Thomas Hillers with Hupy and Abraham, alleges the student was playing on the playground when he went to retrieve a ball while playing foursquare and “cut his knee on a metal pipe or other piece of metal equipment protruding from the playground, thereby sustaining injuries, harms, losses, and damages.”
The lawsuit, which was filed in the District Court for Clinton County on March 29, 2019, says the district knew or should have known that the playground had conditions that “posed an unreasonable risk of injury to the a person in B.S.N’s position,” and that the district should have known the minor would not discover the “unreasonably dangerous condition,” and that the minor would not “realize the condition presented an unreasonable risk of injury” and would not be able “to protect himself from the unreasonably dangerous condition.”
The court filing accuses of the district of failing to maintain a reasonably safe premise and failing to correct the dangerous condition.
The lawsuit seeks past and future medical expenses, past and future lost wages, and payment for pain and suffering.
The plaintiff is demanding a jury trial.
The Clinton Community Schools Superintendent confirmed to TV6 it had received the lawsuit but could not comment on “pending litigation.”