Trial News

Fifth grader Elizabeth Stevens attended an end-of-year party at her elementary school. As she was climbing up an inflatable slide that was installed for the event, the slide tipped over, causing her to fall to the ground. Stevens suffered a fractured left wrist, a fractured left ankle, and damage to her ankle’s ligaments and tendons. She now suffers from pain and arthritis, necessitating orthotics and anti-inflammatories. She also has undergone surgery to remove scar tissue in her ankle. Her medical expenses were more than $17,500.

Stevens, through her mother, and Stevens’s parents, individually, sued Ed’s Rental and Sales, Inc., and the Algonquin Lakes Elementary School P.T.O., alleging failure to secure the slide to a wall, place mats at the base of the slide, or heed the slide manufacturer’s safety guidelines. The plaintiffs asserted that the defendants knew or should have known that the slide, which was 18 feet off the ground, would tip over if it became too top heavy and that this would cause serious injury to students.

The plaintiffs reached a settlement for approximately $1.94 million. Ed’s Rental paid $990,000, and the school P.T.O. paid the rest.

Citation: Stevens v. Ed’s Rental & Sales, Inc., No. 14 L 496 (Ill. Cir. Ct. Kane Cnty. Nov. 29, 2018).

Plaintiff counsel: AAJ member Jeffrey E. Martin, Arlington Heights, Ill.