Wading River family sues SWR after son hurt in rock wall fall

A Wading River family has filed a lawsuit against the Shoreham-Wading River schools after their young son was seriously injured in a fall from a playground rock wall.

The incident occurred during recess last spring at Miller Avenue Elementary School. The family alleges school staff failed to properly supervise the child.

The suit, filed Friday in Suffolk County Supreme Court by the boy’s father, Joseph Carbone, names the school district as the sole defendant.

The complaint says the child was playing during recess period at Miller Avenue School in Shoreham about 1 p.m. last April 22 when he fell from the rock wall on the school’s playground. The boy fractured his ulna and radius bones of his left arm in the fall, Carbone alleges in the court documents.

Some of the boy’s injuries may be permanent, and he has endured ongoing physical pain and mental anguish, the lawsuit says.

The suit levels a series of negligence allegations against the district, including that staff failed to maintain a proper student-to-supervisor ratio during recess, failed to adequately train employees responsible for overseeing students, and allowed the playground to remain in an unsafe condition.

Critically, the complaint also alleges the rock wall itself was not age-appropriate for the elementary school students using it — and that the district had “prior notice of its dangerous and defective condition” but failed “to repair, remove, or otherwise make safe the dangerous and hazardous condition of the ‘rock wall.'”

“The school district has a responsibility to protect the safety and well-being of its students while they are on school grounds, including at the Miller Avenue playground,” said the plaintiff’s attorney Jon Raimondo. “This lawsuit arises from injuries sustained by a student during what should have been a safe and enjoyable recess period under proper supervision.”

Raimondo added that the intent of the lawsuit is not only to “secure justice for this child, but also draws attention to the safety concerns present while on the playground, so that meaningful changes can be made to prevent similar injuries to other students in the future.”

Carbone is additionally suing individually, alleging he has lost the services, society and companionship of his son as a result of the boy’s injuries, and has incurred medical expenses in paying for his care.

Raimondo served a notice of claim on the district on last May. The complaint states the district neglected or refused to make an adjustment or payment within the required 30-day window.

The Shoreham-Wading River Central School District has not yet replied to a request for comment on the lawsuit. Additionally, the district has not yet filed a response to the complaint.

_{Top: Google Map Street View (main) and Miller Avenue School playground (Facebook, inset)}