The parents of an 8-year-old boy who tragically died while playing on a playground in Utah have filed a lawsuit against the local school district, alleging negligence and wrongful death. The incident occurred at Rose Springs Elementary School in Stansbury Park, approximately 30 miles from Salt Lake City.
According to the lawsuit, filed by Timothy and Kathryn Cunningham, their son Dallin was playing on a spiral slide during recess when he fell approximately 7 feet onto a hard, frozen surface below. The legal document claims that the accident happened around 10:07 a.m., but the school staff did not contact emergency services until ten minutes later.
School staff reportedly performed CPR on Dallin until an ambulance arrived, but despite their efforts, he succumbed to his injuries the following day. The cause of death was determined to be blunt-force trauma to the head.
The lawsuit argues that the school district is responsible for damages due to the unsafe conditions of the playground. It alleges that the slide lacked safety barriers, was excessively steep and fast, and that the ground beneath it was not adequately cushioned. The family’s attorneys claim that the playground did not have enough mulch to absorb the impact of a fall, with only an inch of mulch covering the surface underneath the slide instead of the standard 12 inches.
Peter Mifflin, the attorney representing the Cunningham family, expressed that they are still grieving deeply. He highlighted the poorly maintained playground surface, describing it as “hard as rock.” The Utah Attorney General is expected to respond to the lawsuit on behalf of the school district.
The slide has since been removed, but the school district has declined to comment on the ongoing litigation. Dallin is remembered as a loving son and brother who enjoyed playing cards, video games, board games, and puzzles.