- A middle school student who broke her elbow and arm when she tripped over a wire cable on an outdoor path during gym class has been awarded $6 million
- Destinee Dickens, who was in eighth grade, was on a paved path leading from Union Avenue Middle School to an athletic field when she was injured in 2011
- She tripped over a cable which ran across the path, held up by posts on both sides, to keep vehicles from driving onto the fields
- Dickens’ right shoe got caught when she attempted to leap over it
- She has since had three operations, developed arthritis in her left elbow and is unable to fully extend her left arm
- Five-day trial found Dickens 25 per cent liable for the fall and reduced her $8 million award to $6 million
A jury in New Jersey has awarded $6 million to a student who tripped over a cable and broke her arm and elbow in gym class when she was in middle school.
The judgment for Destinee Dickens, 19, came last month following a five-day trial.
In 2011, Dickens was 13 and with classmates at Union Avenue Middle School in Irvington when they were on a path leading to an athletic field.
Destinee Dickens who was in eighth grade was on a paved path leading from Union Avenue Middle School to the athletic field when she was injured in 2011
Her right shoe got caught when she attempted to leap over the cable, which was placed to prevent vehicles from driving on the field.
‘I think that the jury believed this was a preventable accident,’ said her lawyer, Gregg Stone. ‘She has developed arthritis and is unable to extend her arm.’
‘Unfortunately, Destinee was left with an injury that’s going to get progressively worse over her lifetime.’
Her right shoe got caught when she attempted to leap over the cable, which was placed to prevent vehicles from driving on the field and now is unable to extend her arm as a result
The panel reduced the award from $8 million after finding Dickens 25 per cent liable for the fall.
Stone thought that was a fair assessment.
A message seeking comment from the Irvington school superintendent was not returned.