Broken Arm Results In Settlement [Albuquerque Journal, N.M.]

Jan. 28--The Rio Rancho school district's insurance company will pay the family of a student who broke her arm on a wall during recess $87,500, according to court documents.

The lawsuit was filed in 13th Judicial District Court. It names Nancy Wiezer as the plaintiff on behalf of her daughter, Megan Wiezer, who was a student at Shining Stars Preschool at the time of the incident close to two years ago. The family and the New Mexico Public School Insurance Authority agreed to settle the case earlier this month.

After paying medical bills and attorney fees, the family will get approximately $42,000.

Kim Vesely, spokeswoman for the district, said that students are no longer allowed on the wall where the incident occurred and that measures were already in place before the incident to keep children safe on the playground.

"These include, among others, monthly checks of the playground, safety training and procedures for staff and for students, and limits to the number of students that can be on the playground at any one time," she said. "Students are supervised at all times when they are on the playground."

According to the lawsuit, on Feb. 4, 2010, then-4-year-old Megan Wiezer was on the playground during recess. Recess ended, and the teacher blew the whistle for students to return.

"Megan was walking on top of the three-foot cinder block wall and in her attempt to obey the teacher," the lawsuit states, "she jumped from the wall and her left elbow came into contact with the cinder block wall on the way down."

According to the lawsuit, the girl suffered a displaced and shattered left elbow and upper arm. She underwent surgery so doctors could place pins and needles in her arm, which remained there until March 5. She also underwent counseling.

The girl made a full physical recovery, but according to the lawsuit "is still self-conscious about her scarring and does not like to talk about these events."

The girl is now a student at Maggie Cordova Elementary.

Vesely said she could not comment on the settlement itself.

"The case was handled by the district's insurers, the New Mexico Public School Insurance Authority (NMPSIA)," Vesely wrote. "NMPSIA did not involve the district in negotiating or authorizing the settlement; therefore, any further questions should be referred to NMPSIA. We are glad that the student is doing well and has, in the words of the settlement, made a full recovery."

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