Father alleges negligence led to child's injuries at Park Forest Middle School

By Kasey Schefflin-Emrich | Jul 29, 2015

HARRIBURG - A seventh-grade student and her father are suing a middle school, alleging she sustained injuries while playing in the school's gym.

Rachel Code, a minor and through her father and natural guardian David Code, and David Code, individually, filed a lawsuit July 14 in U.S. District Court for the Middle District of Pennsylvania against Park Forest Middle School in State College, alleging negligence.

According to the complaint, on Oct. 7, 2013, Rachel Code was playing kickball with her classmates in the gym when her right knee struck the sharp edge of a protruding electrical box while running toward first base. The suit states school administrators were aware of the protruding electrical box and the school had a responsibility to ensure the gym was safe.

The suit faults the school with failing to remove or modify a protruding electrical box to prevent possible harm to children playing in the gym, failing to maintain a safe gym, failing to exercise the high degree of care that a school owes to children playing in the gym, and allowing teachers to organize and supervise kickball when there was foreseeable danger.

As the result of the defendant's negligence, the filing alleges Rachel Code endured a severe laceration just below her right knee and has and will continue to suffer physical and mental pain, inconvenience in going about her daily activities, embarrassment and loss of enjoyment in life. David Code alleges he has and will continue to incur liability for medical and miscellaneous expenses to help care for his daughter's injuries.

The Codes seek damages in excess of $75,000, plus court costs. They are represented by attorney David Lutz of Angino & Lutz, P.C. in Harrisburg.

U.S. District Court for the Middle District of Pennsylvania case number: 4:15-cv-01370-MWB.

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