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The family of an 8-year-old boy who lost his life filed a lawsuit against a Utah school district after the child’s unexpected death earlier this year.
Dallin Cunningham’s parents, Timothy and Kathryn Cunningham, filed a wrongful death lawsuit on March 4 against Tooele County School District for negligence, according to court documents. The lawsuit alleges that the district failed to provide adequate lining to the flooring of a playground area at Rose Springs Elementary School in Erda.
In February 2023, Dallin was at recess, when during a turn on the corkscrew slide, he reportedly “flew out” approximately seven feet above the ground, court documents obtained by the Sacramento Bee state.
The suit alleges that Dallin landed on a “frozen rock-hard” surface, resulting in fatal blunt-force trauma to his head. Mulch underneath the slide, at the time, was “1 inch in depth before being frozen solid underneath,” court documents read.
According to the U.S. Consumer Product Safety Commission, the surfaces around playground equipment should have “at least 12 inches of wood chips, mulch, sand, or pea gravel.”
“The standard is 12 inches of fill material which is anticipated to compress to a minimum of 9 inches of fill. As measured on the playground, due to faulty design and maintenance, the playground mulch was approximately 1 inch in depth before being frozen solid underneath,” court documents stated.
KSL5 reports that Tooele County School District declined a request to respond on the matter, stating that they are “unable to provide a comment at this time” due to the active lawsuit.
The family is seeking $900,000 in damages for medical and other expenses. The lawsuit indicated that the school district paid for Dallin’s funeral.
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[Feature Photo: Dallin Cunningham/School Photo via Timothy and Kathryn Cunningham]
