In Parents v. School (Bay Area Sup. Ct.) Michael A. Kelly and Conor Kelly negotiated a settlement totaling $15,000,000 on behalf of the parents of a 3 year-old who died when a school yard tire swing overturned and struck her in the head. The child was on the swing with two classmates under the supervision of a teacher when the newly installed play structure lost vertical stability, began to rock and toppled over. Suit was filed against the preschool as well as the manufacturers of the A-frame tire swing. Mike and Conor established that the preschool knowingly violated two health and safety code requirements by not anchoring the swing set to the ground and failing to provide a cushioned surface underneath the swing. Once installed the school also failed to have the swing set inspected by a certified expert despite requests from at least one parent. The case was mediated twice without success and ultimately settled on the eve of jury selection following a mandatory settlement conference. The plaintiffs, who established a foundation for playground safety in their daughter’s memory following the tragedy, plan to use a portion of the funds to heighten awareness and improve playground safety in their community.
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