An East St. Louis school district argues that it had no notice of an alleged defect in a mother’s suit alleging her son was injured when he fell off the monkey bars.
Plaintiff Keveon Murphy, individually and as mother of Kyrez Appleton, alleges her son was in kindergarten when he was at recess at Dunbar Elementary School on Aug. 22, 2016. Appleton was permitted to use the monkey bars on the larger playground when he allegedly fell to the ground below the playground equipment and fractured his arm.
Murphy alleges defendant East St. Louis School District No. 189 wrongfully allowed a six-year-old child to play on monkey bars designated for older children, failed to properly inspect the premises and failed to supervise children playing on the playground.
The school district answered the first amended complaint on April 12 through attorney Thomas Hunter of Becker Hoerner & Ysursa PC in Belleville.
In its affirmative defenses, the defendant argues that it had no actual or constructive notice of an alleged defective condition.
The school district argues that the plaintiff has not suffered any damages or failed to mitigate any alleged damages.
The defendant further argues that the plaintiff’s alleged injuries were caused by her own conduct and contributory negligence or the conduct of a third party.
It also argues that it is immune from liability under the local governmental and governmental employees tort immunity act, “which immunizes local public entities and public employees from liability for an injury where the liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes, unless such local public entity is guilty of willful and wanton conduct proximately causing such injury.”
In a June 4 order, the case was set for trial on April 13, 2020.
Murphy seeks a judgment of more than $50,000, plus court costs.
She is represented by Kuehn, Beasley & Young PC in Belleville.
St. Clair County Circuit Court case number 17-L-461