Parent wants $19,000 from school for playground accident

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Updated: 11/24/2009 8:14 pm
There's no monkeying around for one parent at a Bakersfield City School. Randall Houston is asking the city school district to pay $19,000 after his daughter fell off the monkey bars and broke her wrist. Houston is not the first parent to file this kind of claim. Past Bakersfield City School Board meeting agendas show other parents have filed similar claims.

While it's not uncommon to fall off the monkey bars, Randall Houston says Caroline Harris Elementary School is responsible for his daughter's broken wrist and damages for her "traumatic experience." Houston said his daughter's accident could've been prevented if there was grip tape on the monkey bars. However, 17 News discovered most schools and playgrounds around town don't have grips on their monkey bars. Teresa Walker says her kids have had similar accidents, but she never pointed fingers.

"They're kids," Walker said. "They're going to get hurt and people can't watch them all the time. I don't think the school is responsible at all."

Dorita Teston sees it another way.

"When it comes to our child's health and safety, we'll do anything we can to protect our kids," Teston explained.

Four claims for "damages to person or property" have been brought before the city school board in 2009. As with the previous four cases, the school board will deny the claim at Tuesday night's board meeting.

In a statement, Bakersfield City School District spokesman Steve Gabbatis explained, "Whenever a parent files a claim with the school district, we turn it over to the insurance company and they deal with it from that time forward."

17 News reached out to Randall Houston who directed us to his attorney Craig Johnson. Johnson said he couldn’t comment on the case by our 5:00 pm deadline, but attorney Daniel Rodriguez says based on past playground lawsuits, Houston might have a solid case

"It's pretty easy to prevent serious head injuries by putting in a soft surface, and it sounds like most schools have done that," Rodriquez said explaining past playground claims. "So yes, there are some accidents---accidents will happen but there are some accidents that are clearly preventable with a little common sense."

Houston is asking for $19,000 dollars because he says the medical bills are $9,000, and he says his daughter's "traumatic experience" is worth $10,000.
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

bmca1973 - 12/2/2009 4:41 PM
My son broke his fingers at schools twice after hitting the backboard while playing basketball and had his forehead cut while playing basketball. The school paid the medical expenses our insurance didnt cover both times. Suing NEVER entered my mind. I was juste gratful I didnt have to pay out of pocket. My son has a scar over his left eye from the cut he received. Should I have sued the school for that trauma?

the dude - 11/26/2009 11:32 AM
Oh, and diflo, you are retarded. "Take out all playground equipment?" It's not just a restroom break. It's a time for kids to get some of their energy out so they can focus on learning. Let's just cut PE while were at it and allow all of our kids to become OBESE so they can die young.

the dude - 11/26/2009 11:20 AM
Hey Mr. Houston, your daughter fell off her bike, go sue your wife for not leaving the training wheels on!

sparkey - 11/25/2009 8:56 PM
Hey stupid, grip tape on monkey bars!!!! That will do the trick. The kids will rip the skin off their hands when they swing, then you MR & Mrs STUPID can sue again for having grip tape on the bars. I'll be glad when judges start acting like they know what their doing and through this kind of crap out, and fine you for wasting the courts time.

lalalala25 - 11/25/2009 7:32 PM
jmabbott888 you must be old school, because they havn't done it like that in years. You can ask any attorney. The courts are the only one who can give access to the account. Do your homework before you try to state facts. Like I said do your research. I work in a law office and I know from expirence. Thank you! Have a great weekend.

Trainatic - 11/25/2009 6:37 PM
I think this man is just trying to get money out of the city. Kids are going to hurt themselves sooner or later when they play. Does that mean we are going to sue everyone. What if a kid was playing at his childs house and hurt themself accidentally,should the other parent sue him? Plus you have to be joking about traumatic stress being worth $10,000 and medical bills being $9,000. Please, medical insurance will cover 80% of that. I have never seen any Doctor charge $9,000 for a broken wrist. This man is just trying to milk the system. I hope it all gets thrown out. This is the kind of guy who if he hurt himself breaking into a house, he would sue the home owners for all he can get.

jmabbott888 - 11/25/2009 3:49 PM
LaLa, Same on your end, I've seen parents get the money instead of their kid when the kid is injured or the father dies. The money is supposed to go to the kid ut the parent/gaurdian has the access to the $$, they spend & the kid gets squat. Sorry, that's the facts.

lalalala25 - 11/25/2009 3:17 PM
Ok i just want to say all you guys are lame who are saying he's just looking for a payday, cause he will not get the money. It will go into a blocked account until she is 18. Yes i do think it is retarded for trying to sue, when yes kids are kids and they will fall and get hurt. But i don't see it as a payday for the parents. Cause they will never see the money. Now the attorney will he'll get 33% of it, but the parent will not. So do your research before you talk smack.

ophelia9504 - 11/25/2009 1:19 PM
sounds like we all need to put a clause in our insurance policy that covers our own butts for any/all members of the Houston family just in case one of them should fall in the vicinity of our homes/property. WOW! to call him IDIOT is being nice!

jmabbott888 - 11/25/2009 1:04 PM
The kid won't get the 10 grand for trauma, the loser parents will. I think we should ban people like this from having kids
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