The parents of an 8-year-old boy who died after falling down a playground slide last year are suing the school district.
Darrin Cunningham slipped down a “corkscrew slide” at Rose Springs Elementary School in Stansbury Park, Utah, on the morning of February 6, 2023, jumping off the slide and falling approximately 7 feet, according to a complaint filed in court. FOX 13 Utah acquires 3rd Judicial District Court.
Peter Mifflin, the family’s attorney, told FOX 13, “I have represented many grieving parents and I can tell you they are still very, very hurt.” “It’s still very difficult for them to talk about details.”
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Darrin Cunningham, 8, was a boy who loved board and card games, his obituary said. (Katrina Orr)
The lawsuit filed Monday on behalf of Timothy and Kathryn Cunningham accuses the Tulare County School District of negligence and wrongful death.
“The biggest problem was that the playground surface around the playground wasn’t properly maintained. It was rock solid,” Mifflin said. The complaint notes that police described the ground that day as a “frozen, rock-hard surface.”[.]”
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Darrin Cunningham can be seen smiling with his loved ones. (Katrina Orr)
Darrin Cunningham (right) died on February 7, 2023, the day after falling down a playground slide. (Katrina Orr)
“The standard is 12 inches of fill, which is expected to be compacted to a minimum of 9 inches of fill,” the lawsuit says, blaming insufficient mulch on the playground.
“It is unclear whether Tooele County ever installed adequate mulch to cushion the playground,” the complaint states, adding that the playground’s mulch was “approximately 1 inch deep before hardening underneath. ” he claims.
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The corkscrew slide that Darrin Cunningham fell on February 6, 2023. (File from KSTU FOX 13, Utah)
Darrin’s cause of death is listed in the lawsuit as “blunt force trauma to the brain.”
An online obituary called him a “perfect but imperfect 8-year-old boy” who teased his three sisters, mother and father. He loved playing board games, card games, and soccer. He passed away on February 7, 2023, the day after his fall.
The school has removed the slide where Darrin Cunningham fell, according to his parents’ attorney. (KSTU FOX 13, Utah)
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The plaintiffs allege that their medical bills as a result of the fall exceeded $90,000. According to the complaint, the defendants “previously covered plaintiff’s burial expenses.”
Mifflin said the school district has removed the slide from which Darin fell from the playground.
The Tuele County School District did not immediately respond to FOX News’ request for comment, but told FOX 13 they could not comment due to the active public litigation.
