JOHNSTOWN — A Mayfield area man is suing the Gloversville Enlarged School District for a 2018 incident at Kingsborough Elementary School in which his daughter fell off playground equipment.
Daniel DeJong of 334 Jackson Summit Road East filed a civil lawsuit Sept. 10 in state Supreme Court in Johnstown against the Gloversville school system, alleging “negligence” on the part of the district.
The plaintiff is being represented by attorney Steven Sarshilo of New York City.
The complaint notes that DeJong’s daughter, a six-year-old Kingsborough Elementary School kindergartner, fell on school grounds on the last day of the 2017-18 school year.
Court papers state the school conducted a “field day” for students on June 20, 2018.
“The play area adjacent to the school building at Kingsborough Elementary School had monkey bars and beneath the monkey bars were rocks and large stones,” the lawsuit indicated. “Surrounding the rocks and large stones were wooden railway ties.”
The suit says the school district encouraged the children to play, but DeJong’s daughter fell off the monkey bars and “sustained permanent and serious injuries.”
DeJong served a Notice of Claim on the district on Aug. 7.
He is not seeking any specific monetary damages through state Supreme Court, the lawsuit says.
“Plaintiff has been damaged in an amount that exceeds the jurisdiction of all lower courts,” court papers said.
One of the course of action allegations within the suit stated: “The negligence of defendant included, but was not limited to, failure to enact and enforce rules and/or regulations governing the conduct of supervision of students in and during field day …”
Michael Anich covers Johnstown and Fulton County news. He can be reached at [email protected]
