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Re-1 settles in suit over playground injury

February 2, 2002

By Jim Mimiaga
Journal Staff Writer

The Re-1 School District has settled a civil suit with a family whose daughter broke her arm while on a playground at Manaugh school.

On Oct. 26, 2000, Tianna Tibbits, then age 9, fell off the monkey bars during recess, injuring her wrist and arm.

Her father, Chris Tibbits, filed a lawsuit against the school district, claiming negligence as to playground upkeep. Tibbits said that the pea-gravel "padding" underneath the playground was not as deep as required and contributed to the broken arm, according to court records.

"Our allegations were that there was not sufficient ground cover," said Todd Starr, Tibbits’ attorney.

The school district settled out of court, paying out "in the $20,000 range," reported Re-1 Superintendent Bill Thompson. As part of the deal, the charges of negligence were dismissed, and no fault or guilt was admitted.

"I think it was a fair settlement," Starr said Thursday.

When asked whether he thought it was fair, Thompson responded: "I thought it was an awful lot of money to pay for a broken arm."

Mike Chadwick, physical-plant director for Re-1, said that, based on the age group at Manaugh, the fill under the monkey bars must be at least 8 inches deep.

The fill depth is determined by "fall-zone" regulations for particular age groups, which for 9-year-olds is no more than 7 feet.

Thompson said district playgrounds are routinely maintained, but that "when the seasons change, the cover starts to settle and gets mixed up in the mud, so we went out and filled it in with more."

More than 200,000 children are treated in U.S. emergency rooms each year from injuries sustained from playground equipment, according to the U.S. Consumer Product Safety Commission.

Most of the injuries occur when a child falls from equipment onto the ground, leading to an emphasis on sufficient ground cushion for public playgrounds.