A family has brought a lawsuit against the Weilenmann School of Discovery, claiming the school failed to properly supervise their daughter when she fell from a spiral slide in January, 2012, causing "serious brain injury," according to documents from the Summit County Third Judicial District Court.
Aaron and Kaia Sorensen are the parents of Maggie Sorensen who, as a kindergarten student at Weilenmann fell off of a slide and onto hard-packed snow and ice on Jan. 12, 2012, causing injuries including a fractured skull and a subarachnoid bleed. These injuries resulted in permanent brain injuries, according to court documents.
The plaintiffs assert that Weilenmann recognized the hazard that hard-packed snow and ice surrounding the playground would present, but "failed to comply with this duty on the day of Maggie's fall from the slide" by not removing the snow and ice.
Gregory Sanders, the attorney for Weilenmann, said the school was not at fault and that the burden of proof lies with the plaintiffs.
"We didn't do anything wrong. [The plaintiffs] have to show we did something wrong," Sanders said. "It was like any other recess day. Unfortunately, [Maggie] fell and we didn't really know about any brain injury. We didn't really know what her injuries were until much later."
Colin King, the attorney for the plaintiffs, could not be reached for comment.
The plaintiffs are seeking relief for special damages "in an approximate amount over one million dollars" from Weilenmann for past and future medical and related expenses, economic damages and past and future mental, emotional and physical pain and anguish caused to Maggie.
Sanders said the defense still needs more information about the nature of the claim before proceeding further.
"The defense [for Weilenmann] is we don't know that we did anything wrong, and we don't really know what her injuries were," Sanders said.