Boy’s legs crushed at school, family files summons

2012-08-14 14:21

The family of a schoolboy whose legs were amputated after a tree fell into a classroom has issued a summons against the Gauteng education department.

“The department has unfortunately recently received a summons from the family of [the child],” the department said in a statement.

“This is an unfortunate development as it may have the effect of delaying the provision of financial support to [him].”

The boy had his legs crushed by a tree which fell into his Grade R classroom at Carter Primary School in Alexandra in October last year.

Both his legs were amputated – one below the knee and the other at the knee. Since then, the department and boy’s family had been in talks over a settlement.

“[The department] is still committed to ensuring a speedy settlement of this matter and to ensure that the child gets the necessary resources to aid his ongoing recuperation and rehabilitation,” the statement read.

The department had sought an out-of-court settlement to avoid a long legal process for Wynne and his family.

However, the family and their lawyer had now delayed the process.

The first claim submitted by the family’s attorney was not quantified.

“We advised the attorney to seek medical experts and an actuary to assess the child and submit a quantified claim,” the department said.

A quantified claim was only received at the end of May.

“We then immediately entered into discussion in June to settle the claim. But these discussions were not successful as the family rejected two settlement proposals.”

The department said the claims submitted by the family, while quantified, had no legal basis.
It had asked for them to be re-assessed by an independent team of medical and legal experts.

The department had prepared a place for the boy at the Hope School in Johannesburg, a special school for pupils with disabilities.

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