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Tuesday, May 3, 2016

WRV named in civil suit after gym class injury

Thursday, November 29, 2012

The White River Valley School Corporation has been named in a civil suit linked to an injury to a student in a physical education class in April.

The suit, filed in Greene Circuit Court on Tuesday by victim Bailey Sluder and her parents Jonathan Sluder and Andrea Sluder, seeks unspecified monetary damages from the WRV school corporation for injuries sustained in an April 24 mishap at Worthington Elementary School.

It is alleged in the suit that 10-year-old Bailey Sluder, a third-grade student, suffered a radial head fracture to her left elbow when she fell from a balance beam -- being used in the physical education class -- onto an unpadded floor.

The suit alleged that the balance beam was part of an obstacle course designed by WRV Worthington Elementary teacher's aide Chris Jackson, who is not a licensed physical education teacher. Using the obstacle course, two teams of students would race each other as part of a competition.

The suit further alleges that the school did not have a school nurse present at the school at the time of the accident. The parents of the injured student were not contacted for approximately two hours after the incident.

According to the suit, filed on behalf of the parents and the student by Christopher G. Stevenson, of the Indianapolis law firm of Wilson Kehoe Winingham, alleges that the school corporation was "careless and negligent" because it:

* Failed to provide adequate padding around the balance beam.

* Failed to provide a trained, licensed and qualified teacher for the physical education class.

* Conducted a physical education class that unnecessarily put children in risk of injury.

* Failed to use reasonable care in the supervision and safety of its students.

Aside from the injury that cost the family hospital and medical bills and the victim pain and suffering, the suit alleges that the parents "lost the services and consortium" of their daughter; lost time and wages from work; incurred hospital and medical expenses and will continue to suffer damages in the future.

The suit seeks monetary compensation for their damages along with costs of the suit.

A jury trial has been requested.