PHILADELPHIA – A lawsuit brought on behalf of a first-grade student who was allegedly run over by girls twice her age during a group track practice and suffered a traumatic brain injury as a result has been settled.
On Oct. 10, Philadelphia County Court of Common Pleas Judge Denis P. Cohen announced the lawsuit had been settled prior to assignment for trial. This was followed by a motion from plaintiff counsel to approve the settlement agreement, on Oct. 16. Terms of the settlement were not disclosed.
Minor K.B. and her mother Shakiah Washington of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Jan. 7 versus Girls On The Run Philadelphia, also of Philadelphia.
“The incident which is the subject of this complaint occurred on or about Oct. 19, 2016 at approximately 3:05/3:10 p.m. at the playground/recess-yard/schoolyard of the Albert M. Greenfield Elementary School, located at 2220 Chestnut Street, Philadelphia, PA 19103. Specifically, the area of the playground nearest the corner of 23rd and Chestnuts streets, by the school entrance/exit where the first-grade students were dismissed from school in October of 2016,” according to the lawsuit.
At that time, Girls On The Run was conducting its track practice in the Greenfield School’s recess yard. Though prior to the subject incident, the group would wait until the school’s students were dismissed before beginning their practice, they allegedly did not do so on Oct. 19, 2016. As a result, the practice started and a group of middle-school girls were participating in sprinting and racing drills, when they allegedly collided with K.B., knocking her to the ground and seriously injuring her.
K.B. sustained a left temporal bone fracture with pneumocephalus, traumatic subarachnoid hemorrhage, cerebral contusions with subarachnoid blood (brain bleed), concussion, post-concussion syndrome, post-traumatic stress and other injuries and damages, the suit says.
The plaintiffs allege the defendant’s negligence in failing to separate the practice participants from the students caused the accident, failing to notify those present of the impending practice and being otherwise careless, reckless and/or negligent.
In an answer filed last March 13, counsel for defendant Girls On The Run denied the allegations in their entirety and refuted the claims of the plaintiffs.
Prior to settlement and for two counts of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest, costs and delay damages under Pa.R.C.P. 238.
The plaintiffs were represented by Christopher J. Heavens in Boothwyn and John F. Rooney of The Law Office of John F. Rooney in Philadelphia.
The defendant was represented by Andrew L. Riemenschneider of The Gaffney Law Firm, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180903281
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com