The family of an infant that suffered severe lifelong injuries after falling through a 7.5-inch space between the bleacher seats at a school in the Toppenish School District, has been awarded $6.9 million, as reported by the Yakima Herald.
During a soccer game in September of 2007 S.S. slipped through the seats and fell 13 feet before her head hit the pavement.
The family's lawyer, Terry Abeyta, told reporters that the award was settled following a 10 hour-long mediation session in October and approved in a Yakima County Superior Court in January.
Abeyta thinks that the award may be the largest made in the county for a personal injury case.
While S.S.'s baby sitter was getting ready to buckle her into a car seat at the end of the game held at Toppenish Middle School, the seat fell off of the bleachers. As S.S. hadn't been strapped in yet, she fell out.
S.S. was in the hospital for nearly one month. She underwent several surgeries and her total medical bill was $566,000.
According to Abeyta S.S., now aged 6, has lifelong permanent disabilities, requires round-the-clock care and is confined to a wheelchair. Abeyta said, "This beautiful little girl should be counting to 100, know her ABC's and be able to run and play at recess. Instead, she has no functional use of her left arm and leg, has no control over her bowel and bladder, and can't walk."
The business manager for the Toppenish district, David Andrews, has maintained that the district was not at fault for the injury. Andrews called it an "extremely unfortunate accident."
According to Andrews the bleachers were in compliance with building codes when they were installed in the 1960s.
However, Abeyta said, "Every once in a while, there is a code change that is so important it is retroactive." That change came in 2003 when new international standards were established that required that gaps between bleachers be narrowed.
The Toppenish School District chose not to adopt the "obscure international law" according to Abeyta. The international provisions were adopted into state building codes in 2004. The city adopted them in 2004 as well but the district did not know about the new building standard.
Abeyta said that the Superior Court made a ruling for the plaintiff stating that the school violated the standard – and the ruling could be used as evidence against the school district.
The school's bleachers are now being replaced. The new law requires no more than a 4-inch gap between bleachers.
The district's insurance carrier will be paying the settlement, less a $10,000 deductible. It has been speculated by school officials that their insurance rates will be raised and the taxpayers will be the ones eventually footing the bill.
The settlement money is going into a trust fund for S.S. to manage her lifelong health needs.
The family of this little girl may have never known that the bleachers in the school failed to pass building standards until they had hired an attorney. Do the same for yourself and contact a personal injury attorney if you think you might have a case of personal injury.