GALVESTON — A Galveston day school is facing a claim after a child suffered severe injuries when she fell off the hanging bars.
Emily and John Novicky, individually and on behalf of and as next of friend B.N., a minor, filed a complaint May 2 in Galveston County District Court against Moody Methodist Day School alleging negligence and premises liability.
B.N., according to the plaintiffs' complaint, was enrolled at Moody Methodist Day School in July of 2022. They claim she was severely injured after falling from the hanging bars on the playground.
The plaintiffs allege that Moody Methodist was negligent for failing to properly supervise their daughter and failed to ensure the playground equipment was arranged so that caregivers could supervise the children.
They also allege the playground equipment was not designed and located according to manufacturer's instructions and that the openings on the equipment could not entrap a child's body or body part.
The plaintiffs claim the defendant also failed to ensure the climbing playground equipment was not installed over asphalt or concrete unless it had the proper surfacing materials and that the equipment did not have handrails the children could reach.
The plaintiffs seek monetary relief of more than $1 million, interest, trial by jury and all other just relief. They are represented by Ernest Boyd and Jillian Scherrer of The Butch Boyd Law Firm in Houston.
Galveston County District Court case number 23-CV-0695