Parents sue Cd'A School District - Coeur d'Alene Press: Local News

Parents sue Cd'A School District

Boy broke hip after falling from snow berm at recess

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Posted: Saturday, February 4, 2012 12:00 am

A Coeur d'Alene boy and his mother are suing Coeur d'Alene School District 271 over a hip injury he sustained during recess in 2008.

"We think there should have been better supervision," said attorney Regina McCrea, representing Stephen Abercrombie, 14, who is suing the district through his mother, Lynn.

Stephen, a student at Atlas Elementary at the time, was allowed to play on a steep mountain of snow on the playground during recess in January 2008, according to the suit filed in First District Court on Feb. 1.

When Stephen was accidentally knocked off the snow pile by another student, McCrea said, the then-10-year-old fell 6 feet to the ground and suffered a femoral head fracture in his left hip.

The plaintiffs believe the school could have prevented the injury, she said, by better plowing the snow pile, roping it off or at least forbidding the children to play on it.

"When you're playing on a playground, kids push each other, that's not our issue," McCrea said. "It was that he was 6 feet off the ground."

The boy has since undergone several surgeries for the injury, she added, one on the same day of the accident.

During his recovery he missed about two months of school, during which Lynn home schooled him.

Now attending Canfield Middle School, Stephen may eventually need to have the hip replaced, McCrea said.

"It's just been a really hard recovery road for Stephen," said McCrea, adding the suit is being filed now that his injury has stabilized. "It was definitely a serious injury."

The plaintiffs, who could not be reached for comment, are asking for judgment in excess of $10,000.

School district Superintendent Hazel Bauman said she can't comment on pending litigation, but said the district conducts regular maintenance checks of playground equipment and other fixed objects like trees and fences.

"We certainly take health and safety of kids seriously, in all seasons," Bauman said.

The school district generally plows its own grounds, she said, unless the snow volume is overwhelming and the job must be contracted.

If there are snow berms, she said, ground crews endeavor to keep them as far away as possible from where the children are going to be.

"We wouldn't be in the business of children, if we didn't care about their health and safety as well as their education," Bauman said.

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  • My2sence posted at 8:44 am on Thu, Feb 9, 2012.

    My2sence Posts: 317

    irongirl.....again apples to oranges, your son needed stitches, did he also need reconstuctive face surgury?, plastic surgury? skin graphs? no! he got an ouchy & needed stitches, your right, you don't need to sue for that, no one would, but again were talking about several surgeries and a possible hip replacement, you do understand that right? It's funny to me most of you guys are comparing a child that gets a bump on the head, or a fat lip on the playground to a kid whos future could change because of his "accident"

  • My2sence posted at 8:35 am on Thu, Feb 9, 2012.

    My2sence Posts: 317

    Adam, you ran into a pole and got a mild concusion....this kid might have to have a HIP REPLACEMENT...this AFTER the "several" surgeries he's already had, bit of a difference there, wouldn't ya say? this isn't a bump on the noggin type scenario.

  • My2sence posted at 8:22 am on Thu, Feb 9, 2012.

    My2sence Posts: 317

    That brings up another question for me.....why only ten thousand + dollars? It sounds like this kid is going to have his hip REPLACED, thats gonna mess him up for the rest of his life (barring the Mayans are not correct on their predictions) and when I say mess him up, I mean this will affect him for whatever he wants to do in life, I have never had a broken/replaced hip but I have to think it wont be easy, kid's future is worth more than 10k......just sayin ; )

  • Joseph Jr posted at 8:36 pm on Wed, Feb 8, 2012.

    Joseph Jr Posts: 512

    I agree with My2sense.

    Was there truly a snowbank with a sheer 6' drop? IF there was, and the kids were allowed to play on this then sue away...

    Did the x-rays or other tests indicate low bone density, which typically occurs from malnutrition? Many kids are fed chips and soda as part of a daily diet. Hey, just sayin'...

    If the kids were allowed to play on anything which posed a reasonble safety hazard, then the taxpayers are likely going to see their taxes raised. This kid has likely gone through horrific medical treatment as a result of playing at school.

  • My2sence posted at 4:25 pm on Wed, Feb 8, 2012.

    My2sence Posts: 317

    I'm somewhat on the fence here, let me just start by saying I don't agree with the "boo boo & sue" attitudes people have today, but the "snow hill" sounds as if it had a 6' sheer drop off, "steep mountain of snow" opposed to a gradual sloping slide, if thats the case, ya I can see that as being dangerous, at ten years old, I wasn't what you would call a daredevil, that came at about age 14 to present, I look at it this way, if that mountain of snow was in my neighborhood that all the kids in the area (including mine) was obviously gonna play on, well...I , myself would make sure the danger factor was elliminated, to the best of my ability, no steep cliffs, drop offs, no wooden posts sticking out anywhere, not near traffic, and if there were steep cliffs, myself (with the help of the kids) would slope it out so that it would be more of a slide than a drop, but thats just me I guess. I don't want my kids to live in a bubble or anything but if I see potential for a broken ???? whatever, then I'm going to do SOMETHING to avoid that problem. And ten thousand dollars? at least they are not asking for the typical 1 million dollars you hear and see all over the place, for umpteen other physical and mental damages. IF all those surgeries were in fact necessary, then 10 grand is really not that much, Keep in mind I despise sue happy people too, and the fact its been 4 years has me scratching my head, I'm just saying if it were my kid, accident or not, I would be asking questions.

  • MommaJess posted at 8:55 pm on Tue, Feb 7, 2012.

    MommaJess Posts: 2

    Wow, there sure is a lot of complaining about the fact that the mom is suing the school district! Anyway, I think that safety needs to be addressed. I know a little boy who busted his head open on Ramsey's playground because of the ice and another who broke a rib. If anyone has been to the Ramsey playground during winter, they know it is extremely icy. The school has to go through a process to get ice melt onto the playground. Their maintenance guy basically has to call the district and they then put the school on the list for de-icing. This also can not be done while the kids are out there. I think the school district needs to make some sort of plan to get the playgrounds de-iced and safer for our kids to be out there playing, unless they want them to have indoor recess (Which they don't and neither do most kids). There have been far to many accidents and some have been pretty serious. I know accidents happen, but there needs to be some safety issues addressed and some accountability for their negligence from the schools. As for the boy who was knocked off the snow hill, I hope he fully recovers and does not have any lasting effects, considering that it has taken multiple surgeries and 3 years for the child to be stabilized.

  • JoeIdaho posted at 11:06 pm on Sun, Feb 5, 2012.

    JoeIdaho Posts: 2841

    And yes, Liberals ARE Commies.

  • JoeIdaho posted at 11:05 pm on Sun, Feb 5, 2012.

    JoeIdaho Posts: 2841

    (A) First, you said I was from Cali.
    Nope, wrong.
    (B) The most sue happy people I've ever met come from Cali. Know WHY? Because they SUE there more often than in ANY other state.
    (C) Know where the biggest concentration of libs come from?
    NUmber 1 is Cal, Number 2 is NY.
    (D) It isn't stereotyping when it is reality.

    There are PLENTY of people here from California that are nothing short of GREAT people. Some of them are friends, that I've known for years. But, most all of them left California for here because they wanted to get away from Liberal PEOPLE and government. Some of them bring it WITH them, and if you've been close to Sandpoint you CLEARLY know what I mean.
    Of course, I don;t know what I'm talking abuot, all Californians, ESPECIALLY the ones that come here & never quit crying about the weather, are just perfectly wonderful people.

  • concernedcitizen posted at 7:22 pm on Sun, Feb 5, 2012.

    concernedcitizen Posts: 2530


    "And 'concerned"......
    What is DANGEROUS are communist policies, like the ones adopted since....2008.
    Of COURSE you would see the farmers as being a "danger" to society, but hey, that's what you get when one calls themselves "concerned"."

    It is obvious that you have the ability to read but lack the ability to comprehend. I agree with Jeffrey Wherley.

    Where in my post did I say that I thought that farmers were a danger? You stereotype everybody and anybody. If you would have used your tiny little brain and comprehended what I had written, you would see that I, for the most part, agree with you. You slam people from CA on a regular basis and I was just pointing out that they STILL have field burning in CA along with a STRONG conservative presence. Liberals usually come from major populated areas from all over this country.

    I was in CA a couple of weeks ago on business and witnessed field burning which people like YOU think does not happen there because of all of the "COMMIE LIBERALS" as you put it. I also witnessed many, many billboards with the saying "If you really want change, vote conservative" on them. WOW, that really sounds like liberal thinking.

  • JoeIdaho posted at 3:15 pm on Sun, Feb 5, 2012.

    JoeIdaho Posts: 2841

    And 'concerned"......
    What is DANGEROUS are communist policies, like the ones adopted since....2008.
    Of COURSE you would see the farmers as being a "danger" to society, but hey, that's what you get when one calls themselves "concerned".

  • JoeIdaho posted at 3:13 pm on Sun, Feb 5, 2012.

    JoeIdaho Posts: 2841

    Wherley, you couldn't BE more wrong.
    The "broken bones" you speak about is a normal part of growing up in areas OTHER than Liberal/Commie areas. The children here are tougher, and better prepared for life than kids from the cities.
    What IS new is shows on how great being gay is, of COURSE, you wouldn't recognize this, as you support this type of behavior. Many of us don't, and that's our prerogative.

    In the end, like you say, you'd rather have a court case filed than not. That's the difference between you & the rest of us who are against this stupidity, you'd like to see the citizens of CDA spend money on a fully unnecessary court case.
    We know better.

  • Jeffrey Wherley posted at 12:13 pm on Sun, Feb 5, 2012.

    Jeffrey Wherley Posts: 3969

    The Hypocrisy of about half of these posters is, not unexpected but, hysterically funny. In the past couple weeks these same people have been Screaming about the pain and discomfort put on CDA and Post Falls by some harmless attire and a song. But get broken bones?, No harm No foul. These most be the Children grown to adult age, That would Scream "Sticks and Stone will break my bones, But Names will never hurt me!" Just before they broke into tears and cried through the next period of school, for being called a name.
    The psychological side of sporting events, has to be stopped by any means possible, it is hurting some peoples false sense of sportsmanship. But someone that tries to get polices changed that brake bones, and crack heads need to be run out on a rail, tar and feathered.

    To the rest of you, I agree this does seem like an unneeded law suit, it sounds like they were probably playing king of the hill and an accident happened. This will probably be filed under the category of "Sh-t Happens" by the courts. But I would rather pay for the court to listen to this case, and throw it out, than most of what they listen to today.

  • concernedcitizen posted at 8:57 am on Sun, Feb 5, 2012.

    concernedcitizen Posts: 2530

    Maybe you should drive the rural and farm areas in CA where they recently were ----- OH YEAH, field burning.

    Maybe you should check out the bill boards is the same area stating, "If you really want change, vote conservative".

  • concernedcitizen posted at 8:54 am on Sun, Feb 5, 2012.

    concernedcitizen Posts: 2530

    You're still a stone thrower.

  • JoeIdaho posted at 8:26 am on Sun, Feb 5, 2012.

    JoeIdaho Posts: 2841

    "concerned", I am from MICHIGAN, not cali.
    And YES, it is absurd that a parent would sue the school becuase their kid "should not be allowed to play on a pile of snow". And YES, that sounds a LOT like California people to me.
    Mebbe I'm alone....but I doubt it.

  • NoName posted at 8:05 am on Sun, Feb 5, 2012.

    NoName Posts: 253

    Attorneys are the scourge of the earth and have been for a very long time. Blood suckers, all of them.

  • Adam posted at 8:03 pm on Sat, Feb 4, 2012.

    Adam Posts: 13

    I sustained my first and only concussion at Ramsey Elementary School about 15 years ago. I hardly remember it. All I know is I was running full speed on the basketball court, hit some ice, and went face first into a basketball pole. Knocked me out like a light. My father was an attorney at the time... No lawsuit there. The first thing he asked me when I came to at KMC was if I made the lay up. The times sure have changed...

  • cdanative33 posted at 7:31 pm on Sat, Feb 4, 2012.

    cdanative33 Posts: 361

    I didn't believe in miracles until today. It appears that the vast majority of the people on this blog share the same opinion...beautiful.

  • Shirley Jones posted at 7:11 pm on Sat, Feb 4, 2012.

    Shirley Jones Posts: 191

    I am shocked. Why isn’t Lawyer Kholer representing these people? They are a perfect match.

  • Rocketpianoman posted at 6:29 pm on Sat, Feb 4, 2012.

    Rocketpianoman Posts: 15

    BuzzKill and other users of the same mind.
    Trust in me. I have study matters like this more than most of you probably would think. CDA School District is Good Don't get me wrong. But they can do better. Public Schools spend a average of about 8,000- 10,000 dollars per student. Charter spends 6,000 per student. The District needs to reroute the money for the students

  • Irongirl posted at 5:01 pm on Sat, Feb 4, 2012.

    Irongirl Posts: 8

    My son fell off a trike and had to get stiches in his face the first day at his daycare. "Accident" is what they call that!!! No one cause it, it happens. I really hope this lawsuit goes no-where and you are so embarrassed by this article. My son was there the day the "ACCIDENT" happened at School, kids play one snow at School or at home. Who are you going to sue next? Your own parents when he gets hurt there!!!

  • concernedcitizen posted at 4:39 pm on Sat, Feb 4, 2012.

    concernedcitizen Posts: 2530

    Here we have joeIDAHO from CALIFORNIA uass UMING these people are from CA.

    I agree with a lot of the posters here. The blood sucking parasite, I mean, lawyer should be run out along with the parents of this student.

  • 3Cheers posted at 10:23 am on Sat, Feb 4, 2012.

    3Cheers Posts: 380

    OMG! "Stephen was allowed to play on a steep mountain of snow on the playground during recess" and "was accidentally knocked off the snow pile by another student". This is what happens when we allow our children to play outside in the snow. I thought kids are supposed to sit on couches and play video games or text each other. No more going outside- because this results in law suits.....

  • mister d posted at 9:36 am on Sat, Feb 4, 2012.

    mister d Posts: 1531

    I sure wouldn't invite this kid and his mom to my house. I would be afraid of getting sued because it appears they lack the ability to be responsible for their own actions. I don't know who is slimier, the mom or the attorney.

  • WilliamWMiller posted at 9:33 am on Sat, Feb 4, 2012.

    WilliamWMiller Posts: 106

    The Attorney firm that brought this suit should be ridden out of town. Give the school Dist a break, my kid played in the snow and broke his hip kids will be kids. How about putting mom in jail for abuse or not giving JR enough milk (neglect)

  • Buzzkill posted at 9:22 am on Sat, Feb 4, 2012.

    Buzzkill Posts: 41

    Sorry Pianoman, I am not buying the nonsense you're selling. Kids have been falling down, knocking heads, breaking bones, and getting cut at schools in America for generations. It's nothing new. Unfortunately, kids have accidents. That's why it's important to have good health care insurance. Asking the taxpayers to foot the bill for a slip and painful fall is just obscene. Shame on the Coeur d'Alene Press for printing this ambulance chaser of a story.

  • Rocketpianoman posted at 8:57 am on Sat, Feb 4, 2012.

    Rocketpianoman Posts: 15

    Oh Goodie... more haters on the comment feed.
    1st. Kamyern Parrett ( a couple concussions and stitches)
    2nd. This Boy and His hip problems
    3rd. And A Story that wasn't published.
    A Boy cracked his skull open at Ramsey about 2 months ago then after his head healed...he went back to school and broke his arm.

  • cdaterry1 posted at 8:28 am on Sat, Feb 4, 2012.

    cdaterry1 Posts: 56

    Another slimey attorney story....."no one has to take responsibility for their actions"....when the legal system supports lawsuits like this is it for greed greed greed ?and/ or a product of our tv attorneys who plant this messsage?? country in the world has copied our legal and healthcare "system"

  • 4limitedgov posted at 8:21 am on Sat, Feb 4, 2012.

    4limitedgov Posts: 27

    What kind of utopia do parents like these expect these days? Stuff happens. Do we really want our kids living in the padded environment of "safey" that suits like these tend to create? We get hurt. It happens. The poor parents who think there has been some injustice inflicted on their kid, like "this shouldn't have happened". That's why they are accidents. Maybe parents should teach their kids not to climb on things. Do we really want snow mountains blocked from play?

    I believe there's a higher purpose to accidents like these. It's the compassion that your friends at school experience when one of their own suffers. The lawsuit robs this from them and alienates the victum from the compassion he would recieve.

  • Buzzkill posted at 7:48 am on Sat, Feb 4, 2012.

    Buzzkill Posts: 41

    Kids fall down and hurt themselves ALL the time. How is this the school district's fault? Why is this a story? It look like another hit piece by Ms. Alecia.

  • cdanative33 posted at 7:11 am on Sat, Feb 4, 2012.

    cdanative33 Posts: 361

    Unbelievable...I don't know how these people can look themselves in the mirror.

    Great message to the kid too: "someone else is responsible for your actions and the consequences of those actions, son; so if you screw up or have an accident, look for someone to sue."

  • JoeIdaho posted at 6:53 am on Sat, Feb 4, 2012.

    JoeIdaho Posts: 2841

    SO; your kid falls/is pushed off of a snow berm, and that means lawsuit.
    Sounds JUST LIKE another Californian bringing California values to North Idaho to me.
    I can't stand this kind of stealing from the rest of us. It's absurd, and HOPEFULLY SHE LOSES.

  • DeNiles posted at 6:19 am on Sat, Feb 4, 2012.

    DeNiles Posts: 2450

    The way the story reads I think they should consider suing his orthopedic surgeon. Sounds like he's done more damage than anyone else.

  • immortal posted at 5:48 am on Sat, Feb 4, 2012.

    immortal Posts: 258

    Just another in a VERY long line of "WE HATE SD271" articles by the Cda Resort Press. Suing? Really? After 4 years? Sounds like perhaps more of a "trolling attorney" story to me.

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