Pennsylvania Record

Wednesday, July 17, 2019

Olde City Day School settles lawsuit alleging child fell, broke arm

Lawsuits

By Nicholas Malfitano | May 6, 2019


PHILADELPHIA – The case of a parent suing her child’s school for damages after he allegedly fell from a classroom’s indoor tunnel has been settled before proceeding to trial.

According to a praecipe filed by counsel for plaintiff Tanya Parker on April 9, it asked that her litigation against Olde City Day School be marked, “settled, discontinued and ended," with terms of the settlement being confidential.

Parker (as parent and natural guardian of M.P.W., 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 M.P.W. 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. He 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 said.

He 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, he sustained severe shock to his nerves and nervous system, and continues to endure pain, the suit said.

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 denied the plaintiff’s allegations and argued they were barred by the Pennsylvania Comparative Negligence Act, statute of limitations and prior accord and satisfaction. The case was then settled late last month.

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

The plaintiffs were represented by John E. Toczydlowski of Reiff Law Firm, in Philadelphia.

The defendant was 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 nick.malfitano@therecordinc.com

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Margolis Edelstein Philadelphia County Court of Common Pleas

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