.

Town, Board of Ed Name PTA in Legal Action

The Board of Ed seeks to have Cos Cob School PTA, PTA Council named as co-defendants in a lawsuit by a parent seeking damages after his daughter was injured at a PTA-sponsored event.

 

The Greenwich Board of Education and the Town of Greenwich have filed legal papers seeking to have the Cos Cob School PTA and the Greenwich PTA Council named as co-defendants in a lawsuit filed by a Cos Cob parent.

It's an action that the National PTA says appears to be unusual and unknown how it could impact parents' involvement with their school districts.

The town and board's action stems from a lawsuit filed in July by Max Parker of Cos Cob on behalf of his daughter who it is claimed suffered a broken leg during a Cos Cob School PTA-sponsored ice cream social on school grounds in June 2010. The suit was filed against the Board of Ed and the Children's Center of Cos Cob, an after-school program run at the school.

In the suit, Parker claims 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, causing her injuries. He is seeking more than $15,000 in damages.

In a prepared statement, Board of Education Chair Leslie Moriarty said, “We wish to clarify that the Board has not brought a lawsuit against the CCS PTA, nor the PTAC. Rather, the Board has itself been sued regarding an incident that allegedly occurred at a Cos Cob School PTA event.

"Since the event, an ice cream social, in question was a Cos Cob School PTA sponsored and supervised event with no oversight by the Board or school personnel, and since the Plaintiff did not name the PTA as a defendant in the existing lawsuit, the Board has now exercised a legal mechanism available to defendants in existing lawsuits to bring into the lawsuit other parties who had an involvement in the events in question and may be liable to the Plaintiff for his damages," Moriarty said in her statement. "This is known as apportionment of liability. Therefore, the Board has issued an apportionment complaint as to the Cos Cob School PTA and the PTA Council; not individual officers or members of the PTA."

Moriarty also explained, "We have exercised this legal option because the Board and the Town have an obligation to the taxpayers of this Town to ensure that all involved parties are brought into any lawsuit for damages against the Board or the Town." She added, "Therefore, in the event there is a judgment or settlement of the Plaintiff’s claim for damages, it is not just the Board or the Town that is responsible, using taxpayer monies, but other potentially liable parties are also included that may have had a more direct involvement in the events.”

Lisa Beth Savtiz, president of the PTA Council which is the umbrella organization formed by the 15 PTAs of the Greenwich Public Schools, declined to comment on the action when contacted by Greenwich Patch Wednesday. She also declined to discuss what impact the action would have on future PTA-sponsored events or whether parents would be leery of becoming involved with the PTA with the specter of legal action hanging in the balance.

Moriarty said in her statement said, "Any organization running programs has liability risk, including the BOE and the PTAs. Both the BoE and the PTA have liability insurance to cover this type of risk. Additionally, the BOE requires proof that the organizations that use BOE facilities hold such insurance."

She said, "According to Town attorneys, apportionment of liability is not uncommon and has been exercised by the Town in a number of lawsuits. An example that occurred approximately five years ago, involved a suit against a school PTA, the Principal and the Superintendent. While, in this case, the PTA was part of the original suit, the Town did apportion liability to the vendor contracted by the PTA for the event in question. This legal mechanism is commonly used to ensure that all parties involved are participants in the legal action."

Moriarty added, "In this particular case, with the Cos Cob School PTA, the apportionment filing had to do with the choices made by the Plaintiff in filing the claim; in that not all the involved parties were brought into the proceedings in the original suit."

Through an assistant, Assistant Town Attorney Aamina Ahmad said she would not comment on pending litigation.

James Martinez, a spokesman for the National PTA that is based in Alexandria, VA, the legal action appears unusual. "I can tell you that I can’t say it has never happened, but it is the first time I’ve heard of this happening," Martinez said. "It is rare."

Moriarty said, "The Board of Education (BOE) believes the PTAC and individual school PTAs are important partner organizations. Their support is an integral and valued part of our district."

Gregory Edmundt Von Hess October 11, 2012 at 02:08 PM
MAX PARKER should include the VOIT soccer ball company in the suit as well since the ball encourages DCS "dangerous chasing syndrome" which was the cause of the Daughters injury. Maybe The Good Humor Ice Cream Co too for being in collusion with VOIT in this perpetrated act. MAX' CRUTCH of the argument here is non-supervision of children by the PTA while attending an ice-cream function. Well.....Even If the kids are being watched by the PTA how would this situation been averted anyway…Ohh Jimmy don’t chase that soccer ball when you’re playing soccer near those kids are eating ice cream you might run into one…. Sorry his Daughter was injured but kids are kids regardless of supervision measures and accidents do happen period. To trump-up a suit against the PTA for this is just ridiculous and exemplifies how sadly litigious people are. Maybe the PTA should counter sue MAX for defamation and have him pay them in community service supervising soccer matches sponsored by Mr. Softy.
Coscob October 13, 2012 at 04:17 AM
How sad and pathetic, injury aside, this is nothing more than a money grab. Imagine, the very threat of a lawsuit, whether it has merit or not will probably lead to a settlement. Consider the trickle down effect, good hearted volunteers will be reluctant to donate their time, sit as board members on our PTA's donate their money to fund events for the students, if the net result is a litigious parents suing the Board of Education, The Parent Teacher Association, the family of the 9 year old boy( HOW SAD), the Children's Center and god knows who else. Pretty soon there will be no after's programs, child care programs, no school plays, no holiday celebrations, essentially all extra curricular activities will cease to exist because god forbid some kid plays sports the whole world has to be sued. Think about that Parents! Let wrap our children in bubble wrap and home school them then you won't need to sue anyone
Cos Cob Mom October 13, 2012 at 05:12 PM
All these issues aptly pointed out by the two readers above have probably been addressed to the Parker's. But clearly they do not care, either because they really are dumb enough to believe they are right or they are intentionally trying to cannibalize their own community in hopes of extorting money and do not care at all how this impacts other families and whether they and probably their children could be ostracized in their neighborhood. What is disappointing is that none of the newspapers have addressed the circumstance of the accident. The incident happened at an event to which the Parkers voluntarily participated in. The Cos Cob after school program always had the rights to the park for the children attending the program to play in. If the girl wandered into the field when a group of children were actively playing soccer, one shouldn't be surprised that the girl could get hurt. So why isn't the newspaper addressing where the parents were when this incident occurred? Did we forget that parents should bear responsibilities of their children whereabouts? I just hope that the school do not settle because this would set a precedent for very very bad public policy in which no kids are allowed to play in the field, nor anyone would ever vounlunteer to help the very school that the Parker's daughter attends. I suppose we should at least be somewhat relieved that none of the teachers or PTA members were personally held liable for this.

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something
See more »