Student falls from playground equipment: Inadequate supervision: Spondylolysis: Structured settlement

Law Reporter, Jun 2001

Bliesath v. Church of the Open Door, Pa., settled before filing, Dec. 1, 2000.

Bliesath, 8, was a student at a school operated by the Church of the Open Door. She was crawling across the horizontal ladder of a piece of playground equipment when she fell to the ground about eight feet below. Bliesath suffered a back injury resulting in spondylolysis at L5. Her medical expenses totaled $5,700.

Bliesath filed suit against the Church of the Open Door, alleging it breached its duty to protect her from injury by permitting children of her age to use the horizontal ladder, which constituted a dangerous condition. Plaintiff also claimed that defendant's employees-two of whom were on the playground when she fell-failed to adequately supervise her.

Defendant countered that the playground equipment was not dangerous. Defendant also argued that plaintiffs injuries were caused by a congenital disease.

The parties reached a settlement-a portion of which was structured-totaling $70,000.

Plaintiff's expert witness in this case was Ernest R Rubbo, orthopedic surgery, Hershey, Pa.

Plaintiffs Counsel

*Bernerd A. Buzgon, Lebanon, Pa.