The Belleville school district claims the boy’s mother failed to show it had a duty to supervise the boy who allegedly wandered off in a gait trainer and fell down the stairs.
Rachael Rodowich, as mother of minor Leonard Joseph Rodowick IV, filed a lawsuit on Aug. 10 against Belleville School District No. 118 and the Belleville Area Special Services Cooperative.
According to the complaint, the boy was attending school in Belleville in a special needs class on May 12 while using a gait trainer. The plaintiff claims the boy was allegedly unsupervised and was able to travel across the room and fall down the steps.
Rodowich alleges her son was injured as a result of his fall. She claims the defendants failed to supervise the boy, failed to provide adequate equipment and failed to inspect the equipment to ensure its safety.
Belleville School District 118 filed a motion to dismiss the complaint on Sept. 17 through attorneys Barney Mundorf and David Mannix of Guin Mundorf in Collinsville, alleging immunity under the Local Government and Governmental Employees Tort Immunity Act.
The defendant also claims dismissal is appropriate because the complaint fails to allege sufficient facts to show the alleged injury was foreseeable and fails to allege sufficient facts to show the school district had a duty to supervise the minor.
The plaintiffs seek damages of more than $200,000, plus legal costs.
The Rodowichs are represented by Daniel K. Juncker and Kevin Boyne of the Daniel K Juncker law firm in Belleville.
St. Clair County Circuit Court case number 15-L-450