University Daily Kansan / Thursday, January 15, 1987
5A
Student to appeal $5 million lawsuit
By JERRI NIEBAUM Staff writer
A KU student who filed a suit against the University of Kansas, the Kansas Board of Regents and the state of Kansas, for injuries he suffered while sledding on campus, will appeal his case after it was dismissed Jan. 6, his lawyer said.
Gregory S. Boaldin, Derby sophomore, suffered a broken back when he lost control of his sauc- shaped sled and hit a tree while attempting to sled between two trees on a hill east of Ellsworth Hall in February, 1985. Boaldin was a freshman at KU at the time. He is suing for $5 million
Judge James Macnish of the Shawnee County District Court, Topeka, dismissed the case based on provisions of the Kansas Tort Claims Act that states that the University is not liable for injuries that occur in publicly owned recreational areas unless gross negligence is found.
Macnish also wrote in his court
statement that Boaldin had invited the risk by sledding in a dangerous area.
Boadin's attorney, Kevin Diehl of Topeka, plans to appeal the case to the state Court of Appeals. Although he did not think the area in question met the Kansas Tort Claim Act's qualifications for being a recreational area, Dieh said the University had been negligent.
"There was evidence that KU knew of the act of sledding between the two trees, knew it was dangerous, knew previous injuries had occurred there and did nothing to regulate sledding or make it safer, and in fact continued to encourage sledding by checking out trays for sledding purposes." Diehl said.
Mary Prewitt, KU's assistant general counsel, said the trays were not checked out solely for sledding purposes. She said the University had checked out trays to hall residents but stopped because of the accident.
8-year-old boy injured in a sledding accident
By a Kansan reporter
Delaney Firms spent most of his eighth birthday in the intensive care unit at the University of Kansas Medical Center in Kansas City, Kan.
Delaney was injured after his red plastic tobagann ran into a tree east of Joseph R. Pearson Hall on Saturday. Delaney, 766 Maple St., suffered head injuries and was knocked unconscious.
He was admitted Saturday — his birthday — and released Monday.
Delaney's parents had finished
sledding and were preparing to leave
for a Cub Scout trip to see the Harlem Globetrotters in Kansas City.
"Neither one of us saw it happen."
*Kathy Firms, Delane's mother, said*
Kathy Firms, Delaney's mother, said. Firms said she did not know her son had been hurt when she saw a group of people gathered near a tree." Then I thought "I hope it isn't Delaney," she said.
The accident occurred about noon, and Delaney was unconscious until 7:30 p.m., Firns said.
She said about 20 people were sledding. Delaney tried to jump off the sled when he realized it was heading toward the tree.
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