School sued after second grader breaks fingers when playing in basement

Kyle Barnett Dec. 27, 2011, 2:00am

A New Orleans woman is suing her daughter's school after the child broke her fingers while playing in the school basement.

Tara Forest filed suit in Orleans Parish Civil District Court against Algiers Charter School Association on Dec. 16.

Forest claims the school is responsible for her daughter fracturing three fingers when she was playing with another student in the basement of the Martin Behrman Charter Academy and a 30 to 35 pound steel door-stopper was lifted and fell onto her hands.

The defendant is accused of failing to provide safe premises, ignorance of the hazard, failing to take precautions to ensure safety of students, creating a hazard, breach of contract and failure to adhere to state daycare licensing rules.

An unspecified amount in damages is sought to cover mental and physical pain and suffering, infliction of emotional distress, permanent injury and scarring, related medical expenses, loss of wages and impaired earning capacity, loss of consortium, anxiety, worry and inconvenience.

The suit was filed on behalf of Forest by New Orleans-based attorney Lionel Burns.

The case has been assigned to Division I Judge Piper D. Griffin.

Case number 2011-12697

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