Broadwater Elementary

Students play on the playground at Broadwater Elementary last year. The school underwent extensive renovations that were completed in 2015. 

CASEY PAGE, Gazette Staff

A judge approved a $31,831 settlement Tuesday between School District 2 and the parent of a child who was injured in a 2007 playground incident.

SD2's insurance carrier will pay $15,000 up front to the daughter of Amanda Wilson, who fell into a concrete window well during recess as a second-grader at Broadwater Elementary, striking her head and sustaining significant injuries. The rest of the money is split into two payments on the girl’s 21st and 25th birthday.

Because the girl is a minor, Judge Michael Moses appointed Wilson as the conservator of the money until she turns 18.

The girl sustained a fractured skull in the incident, which left her with some health problems for a few years, according to court documents. But doctors noted that she improved.

“(She) recovered and very well and is a healthy teenager at this point in time, with no likely long-term adverse effects from the fall,” says a document filed by Wilson’s attorney endorsing the settlement.

The original suit contended that the district was negligent in failing to supervise the girl and provide a safe playground area, and it did not initially address her injuries appropriately. The settlement endorsement says that she fell about five feet from the top of a railing surrounding a window well.

The original suit was filed in 2010, but proceeded slowly through the court system until 2015, when a tentative settlement was reached. SD2 trustees recently authorized a lawyer to approve a settlement negotiated by the district's insurance company.

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Education Reporter

Education reporter for the Billings Gazette.