BY LINDA BENTLEY | FEBRUARY 8, 2012
Cave Creek Unified School District hit with another lawsuit
CCUSD93 – While Cave Creek Unified School District has committed itself to appealing the decision in the Goldwater Institute lawsuit, brought by district taxpayers who believed the district was improperly using bond money for projects other than those authorized by voters, it’s been served with another lawsuit.
On Jan. 26, Ronald and Mitzi Palma filed a tort complaint against the district and Lone Mountain Elementary School (LMES) on behalf of their son Dominic.
The events leading up to the complaint occurred in February 2011 when Dominic was instructed by his teachers to play on the playground at LMES.
According to the complaint, Dominic was attempting to kick a ball and as he planted his right foot on the ground, a large metal shard stabbed him through the shoe and foot, “literally staking him to the ground.”
The Palmas claim their son suffered serious injuries while they incurred medical expenses as a result of his injuries.
They allege the LMES playground was in an unreasonably dangerous and unsafe condition, due to the fact there were dangerous objects, such as the metal shards, throughout the playground area.
According to the Palmas, the district created the dangerous condition and knew, or should have known of it, because it existed for a sufficient length of time, while they accused the district of negligence by failing to exercise reasonable care to prevent harm under the circumstances.