Jon Campisi May 3, 2013, 10:49am

The mother of a Philadelphia middle-schooler has filed a personal injury claim against the School District of Philadelphia, alleging the defendant’s negligence led to her son sustaining a leg fracture during gym class.

Philadelphia attorney Timothy Hough, of the firm Jaffe & Hough, filed the civil action April 26 at the Philadelphia Common Pleas Court on behalf of Maria Rodriguez, who faults the city’s school system for not ensuring proper safety measures were taken to attempt to prevent her son’s injuries on April 27, 2011.

The complaint states that the plaintiff’s son, Joel Torres, injured himself while participating in a gym class activity at Roberto Clemente Middle School, where the boy was enrolled as a student.

At the time, Torres was jumping over a rope that was suspended about three feet in the air and surrounded by a hard floor surface that was not “cushioned or buffered in any fashion,” the complaint reads.

Torres ended up sustaining a left leg fracture and tendon tear when his knee struck the hard floor surface, the suit says.

“No cushions, mats or other safety equipment were upon the Premises to prevent the students, including the minor plaintiff herein, from sustaining an injury while participating in the activity,” the suit states.

The plaintiff asserts that the school district should have known about the dangerous condition presented at the time, and its likelihood of causing injury to students on the premises.

The suit accuses the defendant of a list of negligent acts, including allowing a dangerous condition to exist on the gymnasium floor, failing to modify the floor’s condition, failing to recognize the hazardous condition, and failing to prevent students from engaging in dangerous activities without property safety equipment.

Torres endured physical pain and suffering as a result of the incident, the suit claims, and his mother incurred medical expenses in excess of $1,5000, and she may incur additional expenses down the line, the complaint states.

The plaintiff demands judgment against the defendant in excess of $50,000.


The case ID number is 130404195.

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