Parent files suit after son was allegedly injured falling off tunnel at Olde City Day School

By Nicholas Malfitano | Sep 10, 2018


PHILADELPHIA – A parent who says her child was injured after falling from a classroom’s indoor tunnel is pursing legal action against the school allegedly responsible for her son’s injuries.

Tanya Parker (as parent and natural guardian of Mauee P. Washington, a minor, and in her own right) of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on June 5 versus Olde City Day School, also of Philadelphia.

“On June 6, 2017, plaintiff Mauee P. Washington was a 4-year-old student at the Olde City Day School and was playing in the Grasshopper Classroom under the supervision of a teacher-employee of the school named Shannon Fulla. Inside the Grasshoppers Classroom was a tunnel through designed for children. Washington climbed on top of the aforementioned tunnel and while on top, fell to the ground, landing on his left arm, suffering a supracondylar fracture that would require surgical repair,” the suit says.

Washington allegedly underwent a closed reduction with percutaneous pinning of the fracture with a Kirschner wire implant. After the surgery, he wore a cast and then a sling for several weeks, after which physical therapy was required. Additionally, Washington sustained severe shock to his nerves and nervous system, and continues to endure pain, the suit says.

The school negligently allowed to permit a dangerous condition in the classroom, failed to recognize the tunnel constituted a risk of harm to minor children and failed to properly supervise the minor children, among other allegations.

In an answer to the complaint filed by defense counsel on Aug. 27, the defendant unanimously denied the plaintiff’s allegations and argued they were barred by the Pennsylvania Comparative Negligence Act, statute of limitations and prior accord and satisfaction.

For two counts of negligence, the plaintiff is seeking damages in excess of $50,000, plus lawful interest and costs.

The plaintiffs are represented by Raymond M. Bily of Reif & Bily, in Philadelphia.

The defendant is represented by Carol A. Murphy of Margolis Edelstein, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180600234

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Margolis Edelstein Philadelphia County Court of Common Pleas

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