The father of a Cos Cob School student whose leg was broken during an after-school ice cream social two years ago has withdrawn his lawsuit against the Greenwich Board of Education, the Town of Greenwich and the Cos Cob Children's Center.
According to documents filed in state Superior Court in Stamford on Oct. 16, Max Parker withdrew the action that sought at least $50,000 in "monetary damages, interest and costs, and other relief the court deems equitable and just." As a result of the lawsuit filed by Max Parker of Cos Cob, the board of education and the town filed papers two weeks ago seeking to have the Cos Cob PTA and the PTA Council named as co-defendants in the suit.
Parker filed his suit in July and since then there has been a flurry of motions and requests for extensions. According to the court documents, a jury trial would not have been held until February 2014.
Parker's lawyer, James Fulton of the Greenwich firm Whitman, Breed, Abbott and Morgan, would not comment on the withdrawal when contacted Thursday afternoon. According to court documents, the withdrawal motion is "for all defendants."
Through Board of Education spokeswoman Kim Eves board Chairwoman Leslie Moriarty said, "The decision to withdraw the lawsuit was the family's decision to make, and we respect their decision."
Lisa Beth Savitz, president of the PTA Council—the umbrella organization comprised of the leaders of the school district's 15 PTAs—chastized the board of education Thursday night for its legal action. Savitiz said the board of education's decision to include the PTA and PTA Council in the lawsuit "has endangered the trust we placed in you. ... Your shortsighted decision has already sidetracked us from more constructive activities." (Please see video.)
The board did not respond to Savtiz' comments.
In the suit, Parker claimed that because the center didn't provide adequate supervision of children in the program at a Board of Ed facility, a child retrieving a soccer ball collided with his daughter Emily who was 8 at the time of the accident, causing her injuries. He also claimed the school PTA and the Board of Ed also were responsible for her injuries, as well as the town because it owns the school property.
On Oct. 10, Moriarity said the Board of Ed and the town took the legal action against the PTA and the PTA Council by using the legal mechanism called apportionment of liability—seeking to add defendants to a case who were not originally included in the suit.
*This story has been updated to include the comments of the PTA Council President Lisa Beth Savitz.
*The story originally published Oct. 18. The timestamp has been changed for layout purposes.