BISD non-suited from litigation over lawnmower firing rock through classroom window

David Yates Apr. 1, 2013, 8:11pm

The Beaumont Independent School District has been non-suited from a lawsuit brought by Clorinda Parks, who alleges a lawnmower shot a rock through her daughter’s classroom window. 

As previously reported, Parks, on behalf of her minor daughter, filed the suit June 17, 2011, in Jefferson County District Court.

Court records show that BISD filed a motion for dismissal on Dec. 19, 2011, asserting it is a governmental entity entitled to governmental immunity.

Nonetheless, on July 30 the plaintiff’s filed a motion for non-suit, stating they no longer wished to pursue their claims against the district.

According to the suit, on June 23, 2009, the minor was attending summer school at Austin Middle School.

A few feet from the classroom, a BISD employee was mowing the grass when “a rock was thrown from the lawnmower a (sic) glass window into the classroom students, including plaintiff, were sitting in,” the suit states.

“The rock shattered the glass and struck plaintiff in the head,” the suit states. “Plaintiff suffered serious injuries as a result of the defendant’s employee’s negligence that caused the collision.”

The suit accused the BISD of negligently allowing a lawnmower to operate during school hours when it should have known projectiles could be fired through classroom windows.

The plaintiffs were suing for economic damages.

Houston attorney Kerry Guidry represents them.

BISD is represented by Isidro Castanon, an attorney for the Palacios law firm Allen, Stein & Durbin.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-309

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