EUSD settles lawsuit over schoolyard injury

The Encinitas Union School District settled a lawsuit in November that was filed on behalf of a minor who sustained a wrist injury after falling off a log at La Costa Heights Elementary School.

San Diego Superior Court Judge Earl Maas approved a settlement Nov. 14 that required EUSD to purchase a $10,465 annuity that will be awarded to the minor in a lump sum when he turns 18 years old, according to court documents. By that time, the annuity will be worth $11,249 due to accrued interest.

The district also had to reimburse $3,633 in attorney fees and $435 in court filing expenses.

Robin Israel, the minor’s guardian, brought the lawsuit. It stated on Sept. 5, 2013 at 12:30 p.m. the minor was standing with another boy on a log that supported portable ramps and railings at the La Costa Heights schoolyard.

When the minor fell, he suffered a fractured right wrist, with damage to the growth plate, the lawsuit said. Additionally, other parts of his body were bruised during the fall.

“We are informed the Encinitas Union School District placed ramps and railings in the schoolyard without putting up warning signs or fencing the area off from young students,” the lawsuit contended.

It went on to claim the property was an “attractive nuisance” and EUSD “knew or should have known that young children would seek to play and climb on the structures.”

The Encinitas Advocate discovered the court documents last week.

John Britt, EUSD’s superintendent of business services, said in an email he felt the settlement was reasonable.

“It was an unfortunate accident on something that was temporarily on campus due to construction,” Britt said via email.

Britt did not respond to a subsequent request for a phone interview.

Attorney David Hollander, representing the minor and his guardian, declined to comment for this story.