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Family of boy who died in playground fall sues Tooele County School District

Posted at 4:57 PM, Mar 04, 2024
and last updated 2024-03-04 23:13:34-05

TOOELE, Utah — The family of a boy who died after falling off a slide in the playground of a Stansbury Park school last year are suing the Tooele County School District.

Timothy and Kathryn Cunningham, parents of 8-year-old Dallin Cunningham, filed the lawsuit Monday in Third Judicial District Court. The Cunningham's are asking for $90,000 to cover Dallin's medical expenses, as well as "special damages in an amount to be determined at trial."

Dallin was originally injured on Feb. 6 while going down a slide at the Rose Springs Elementary School playground. The lawsuit claims the boy fell 7 feet onto a "frozen rock-hard surface" and suffered blunt trauma to his head.

While originally transported to the hospital in critical condition, Dallin later died of his injuries.

According to the family, the school did not call 911 for nearly 10 minutes after Dallin fell off the slide.

In the lawsuit, the Cunningham family claims the school did not properly supervise their son on the playground equipment and that the slide itself was designed, installed and maintained in an "unreasonable dangerous condition."

Officials with the school district said they are unable to comment on the lawsuit due to "the open and active litigation."