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Settlement reached in child's injury

by Andrew Maciejewski - amaciejewski@h-ponline.com

Marion Community Schools (MCS) and a Marion child’s guardians, who filed a lawsuit in 2018 against the corporation, have settled out of court, according to court records.

In February of 2018, Alexander Norwood and Shanelle McMullen filed a civil tort seeking compensation from MCS for negligence after they claimed their 7-year-old child with autism was injured at school, according to the complaint.

On May 10, 2016, the Frances Slocum Elementary School student was reportedly taken to school in a stroller designed for the girl’s size, weight and restraint needs.

The parents allege in the lawsuit that the staff at Frances Slocum was told not to remove her from the stroller because of the child’s needs.

However, in the process of moving or attempting to move the girl, the complaint states that the child “fell to the floor and was injured due to either an improper transfer, improper restraint, or an improper wheelchair, along with improper supervision.”

The child allegedly suffered “serious bodily injuries” during the incident, including a cut on the mouth, fractured shoulder, depression, mental anguish and trauma to her entire body, according to court records.

The guardians requested compensation for the child’s injuries, both physical and mental, and court costs.

MCS denied the allegation of negligence in their complaint filed on March 8, 2018, requesting a trial.

The complaint also shows that MCS acknowledged that they were made aware of the incident.

The terms of the settlement were not disclosed in court filings, and the amount being sought in damages by the plaintiff is not available in the court’s record.

The plaintiff’s counsel could not be reached for comment as of deadline Tuesday.

MCS’s lawyer could not be contacted as of deadline Tuesday.