Kids off hook in lawsuit over schoolyard shove that led to broken arm

They were 10 years old when their pushing prank toppled a classmate in an icy schoolyard, leading to his broken arm and a lawsuit naming the two children.

Now, after months of anxiety, families are relieved that legal action has been withdrawn against the two elementary school students who were roughhousing.

“We are just grateful this is hopefully behind us,” says the mother of one of the two children, now in Grade 8.

But the notion that young children could be at risk of lawsuits when playground skirmishes lead to injury has prompted the Toronto Catholic District School Board to issue a warning to parents.

Following a motion approved by trustees last month, the board is recommending families review their home insurance policies to make sure they are protected in the event of similar cases. Standard policies for tenants, homeowner and condo-dwellers typically include personal liability coverage for policyholders and their children.

Parents are advised to consult their providers and make sure they’re covered “if they are sued for personal injury or other harm allegedly caused by their child at school,” the board said in its monthly email to schools for December.

As a result of the incident in question, which occurred in March 2015 and led to a broken upper arm for a Grade 5 boy, the injured boy and his mother filed a lawsuit against the school, its principal and the Toronto Catholic board seeking general and special damages of $600,000 plus costs.

Earlier this year, they added the names of the boy and girl who allegedly pushed him to the lawsuit, alarming both families, particularly one parent who did not have any property insurance. And last spring, the Ontario School Boards’ Insurance Exchange, which insures most boards across the province, filed a cross-claim for damages against the two children.

Both families spoke to the Star during the summer, on condition that neither they, their children or the school were identified.

In late August, the plaintiffs withdrew the two children’s names from their lawsuit. But it wasn’t until Oct. 31, two months after a Star story on the case, that the families received notice from the school board insurer that it had also discontinued its cross-claim against the children.

The lawyer for the insurance exchange did not respond to an email query, and previously said their policy is not to comment on cases to the media.

While the notice of discontinuance came as a relief to the two families involved, “my concern is what about the next time?” says Catholic board trustee Mike Del Grande.

That’s why he moved a motion this fall and later approved by trustees that called on the board to alert parents about what can happen in the current litigious era.

News that kids so young can be named in lawsuits came as a shock to the two families and others in the community.

However, insurance experts say while 10 is unusually young, naming minors is not uncommon and is generally a tactic to trigger a parent’s insurance policy to cover costs of a settlement, while cross-claims are a way to spread liability and costs among defendants.