New York Mother Files Lawsuit for Daughter's Playground Injuries
Posted on Jul 24, 2009 3:38pm PDT
In Gloversville, New York, a mother filed a lawsuit against the city and the Gloversville Enlarged School District for her daughter's playground injuries. On July 22nd, the state Court of Appeals decided that the case would be allowed to move forward.
The mother, Rachael Butler, filed the injury lawsuit after her daughter fell at Darling Field playground. The young girl broke her leg and collarbone during the serious fall.
Butler's attorney, Alan Zweibel, said that he has a meeting with the state Supreme Court Judge Richard Aulisi this week to discuss the personal injury cases. A lawyer representing the city and the school district's attorney will also be present at the meeting. Zweibel said that if the parties cannot reach a mutual settlement, he will set a date for a trial.
According to the legal paperwork that was filed, Zweibel states that the lack of soft ground cover around the slide where the 10 year old girl her accident contributed to the girl's injuries. She broke both her femur and clavicle during the fall.
In June 2008, the Appellate Division of the state Supreme Court denied the lawsuit and prevented it from moving forward. In regard to its decision, the court wrote on June 30, 2008, "[The] defendants failed to sufficiently demonstrate that their alleged negligence was not a proximate cause of [Rachael Butler's] injuries."
However, after successfully appealing, Zweibel will now be able to move forward with his case against the city and school to collect compensation for the girl and her family.
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