HAMILTON COUNTY

School district: Student hurt in stage collapse put herself at risk

Madeline Buckley
madeline.buckley@indystar.com
In this image from video provided by Zach Rader students from Westfield High School are on the stage during the grand finale of the concert dubbed "American Pie" Thursday April 23, 2015 just prior to the stage collapsed.

Westfield Washington schools is countering a lawsuit from a parent whose child was injured in the stage collapse last year by arguing that the student put herself at risk in the first place by participating in the musical.

Jennifer Hoffman filed a complaint on behalf of her daughter, Destiny, earlier this month that accused the school of negligence in the April 23, 2015, incident in which 17 students at Westfield High School were injured when a stage collapsed during a performance of the student-led musical "American Pie."

An attorney for the school district filed a response Wednesday that said Hoffman's daughter contributed to the negligence and is therefore not entitled to any damages.

It's a common defense in lawsuits that allege negligence, though it is often used in cases where a person who is suing may have engaged in behavior that contributed to his or her injury. For example, a teenager who is hit by a car while jaywalking could arguably be partially responsible.

Parent suing Westfield Washington Schools over high school stage collapse

In this case, Hoffman's daughter was participating in a school musical when she was injured.

"Singing and dancing on a stage at a musical. Is that contributing to negligence?" Hoffman's attorney Tim Stoesz said.

The school district's attorney, Jenna Lower, said she couldn't comment on the case.

The document filed by the school district says the student's injuries were the result of "risk voluntarily incurred." State law says that if a judge or jury finds that a person suing the government contributed to negligence, they cannot recover damages.

The stage collapse sent students plunging about 12 feet into the orchestra pit below.

The Indiana Department of Labor's Indiana Occupational Health and Safety Administration (IOSHA) subsequently leveled $11,700 in fines after inspecting the stage and investigating. IOSHA reported that the stage's cover was installed without proper safety procedures and was not strong enough to hold the students.

IndyStar reporter Justin L. Mack contributed.

Call Star reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter:@Mabuckley88.

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