Arroyo Grande mother sues Paso school district
She says the district failed to maintain an irrigation valve she stepped into at a football game, causing her to injure herself and her then-infant son
By Leslie Parrilla
lparrilla@thetribunenews.com
An Arroyo Grande mother is suing the Paso Robles school district, saying she tripped and dropped her
4-month-old baby during a football game.
Jill McKenna’s lawsuit accuses Paso Robles Public Schools of failing to maintain an irrigation control valve she says she stepped into at Flamson Middle School on Sept. 3, 2005.
McKenna said she was holding her then-infant son, Phinneus, while walking behind the goal post area, which was open to spectators and where people were sitting, when she stepped into a valve that was uncovered or had a loose cap.
Phinneus was tossed from her arms and landed on the grass, according to San Luis Obispo attorney James McKiernan, who is representing McKenna.
Phinneus temporarily lost consciousness and suffered a right femur fracture that needed to be set in a cast, McKiernan said.
The toddler drags his right foot as a result of the injury, McKiernan said.
"We don’t know what developmental injuries he might have as he begins to talk," he said. "This kid’s had at least $30,000 worth of bills now."
His mother suffered back and neck pain and is taking anti-anxiety medication because of the incident, McKiernan said. McKenna could not be reached.
The district’s insurance company is investigating the matter and looking for witnesses, according to Jim Jett, chief administrative officer for Self Insured Schools of California.
Jett said he has not seen the suit and could not comment until he has.
The suit, filed last week, is asking the district to pay $738,000 for pain and suffering and for past and estimated future medical bills, court documents show.
McKiernan said his client tried to resolve the matter with the district, but received no response.
McKenna filed a claim against the district earlier this year that was denied, prompting the lawsuit to be filed before the six-month deadline, McKiernan said.