The lawsuit filed by the family of a child who was injured during a 2023 field trip to Cunningham Park in Joplin is scheduled to begin March 4 in Jasper County Circuit Court with Judge Joseph Hensley presiding.
The City of Joplin is listed as the defendant.
According to the petition, J. S., the son of Justin Swann, was using the hand-held track line when he fell onto the surface below.
The lawsuit alleges the landing surface "constituted a dangerous condition on the premises because the surface was of improper material, of insufficient depth, did not provide a shock absorbing protection sufficient for the height of the expected falls and was improperly maintained."
The child injured his right arm, according to the petition.
Swann, who is represented by Joplin attorney Scott Vorhees of Vorhees, Johnson & Martucci, is asking for "reasonable damages" and costs.
In its response, the city placed the blame for the accident on the way child used the playground equipment.
a. He failed to use the playground equipment in the manner intended;
b. He used the playground equipment in a manner not intended;
c. He failed to keep a careful lookout;
d. He failed to use the playground equipment in a safe manner.
The city is represented by Randall Cowherd of the Springfield firm of Cowherd, Reade, Adair and Laney LLC.
A pre-trial conference is scheduled for 1:30 p.m. Friday.
1 comment:
That’s a weird field trip for a group of high school seniors. Maybe he was too heavy for the ride or he was rough housing. On time I saw a kid at the park that was too big for the slide but he went down anyway and then he plowed over a bunch of toddlers and then he got stuck at the end because he was too fat. I used to like the merry go round at the park even though I got really dizzy one time but they don’t have it anymore because they are too woke. That’s the world we live in now unfortunately. I like that one park where you can take your dog!
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