The lawsuit filed by the family of a child who was injured during a 2023 field trip to Cunningham Park in Joplin is scheduled to begin March 4 in Jasper County Circuit Court with Judge Joseph Hensley presiding.
The City of Joplin is listed as the defendant.
According to the petition, J. S., the son of Justin Swann, was using the hand-held track line when he fell onto the surface below.
The lawsuit alleges the landing surface "constituted a dangerous condition on the premises because the surface was of improper material, of insufficient depth, did not provide a shock absorbing protection sufficient for the height of the expected falls and was improperly maintained."
The child injured his right arm, according to the petition.
Swann, who is represented by Joplin attorney Scott Vorhees of Vorhees, Johnson & Martucci, is asking for "reasonable damages" and costs.
In its response, the city placed the blame for the accident on the way child used the playground equipment.
a. He failed to use the playground equipment in the manner intended;
b. He used the playground equipment in a manner not intended;
c. He failed to keep a careful lookout;
d. He failed to use the playground equipment in a safe manner.
The city is represented by Randall Cowherd of the Springfield firm of Cowherd, Reade, Adair and Laney LLC.
A pre-trial conference is scheduled for 1:30 p.m. Friday.