GALVESTON — A June trial has been slated in a lawsuit alleging a child suffered severe injuries when she fell off the hanging bars at a day school.
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.
Court records show a docket control order was entered in the case back in August, slating the litigation for trial on June 24.
Court records also show Moody Methodist answered the suit on June 12, asserting a general denial and denying “each and every allegation of negligence against it.”
Moody Methodist also argued that the claim for exemplary damages is unwarranted.
“Defendant specially excepts to Plaintiffs’ Original Petition in that it fails to specify those acts or omissions allegedly committed by Defendant that constitute gross negligence as opposed to ordinary negligence,” the answer states. “As such, the relief of exemplary damages prayed for in Plaintiffs’ Petition, is unwarranted.”
The plaintiffs 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 The Butch Boyd Law Firm in Houston.
Moody Methodist is represented by Johanson & Fairless in Sugar Land.
Galveston County District Court case number 23-CV-0695