Suit filed in fall at JCHS gym (10/25/07)

The parents of a Jay County High School student who sustained arm and foot injuries when he fell from a balcony in the school's gym earlier this year have filed a lawsuit against the Jay School Corporation.

The suit was filed Thursday in Jay Circuit Court by James and Vicky Lochtefeld, the parents of Joshua Lochtefeld. Also named in the suit are the Jay School Board members in their official capacities and Barbara Downing, the former superintendent of the school corporation. The incident occurred Feb. 2. Dr. Tim Long has been superintendent of Jay School Corporation since Jan. 2.

The Lochtefelds are seeking unspecified damages and for a jury trial to be held. The family contends that school policies were not followed, causing the incident.

The plaintiffs are being represented by Muncie attorney B. Joseph Davis. The school corporation is being represented by its insurance agent, First Merchants Insurance.

Long said Wednesday afternoon that he received paperwork notifying him of the suit. "We sent that to our attorney (John Parker) to review," he said, declining to comment further.

According to court documents, Joshua Lochtefeld attended a wrestling practice for the school's wrestling team in the school's gym. About 5:30 p.m., he sat along the balcony near where wrestling mats are moved to and from the gym floor by a mechanical hoist.

A team coach asked him to move away from edge of the balcony, which he did, the suit says. However, the mats that were being moved hit Lochtefeld, causing him to fall 15 to 20 to the ground from the risers.

He suffered arm and foot injuries that required surgery and confined him to a bed and wheelchair for several weeks. According to the suit, Lochtefeld also suffered depression due to his inability to move, attend school, to assist with the family farm and to participate in wrestling meets.

According to the suit, Lochtefeld suffered long-term physical injuries. About Feb. 15, the family notified the school board and the Indiana Political Subdivision Risk Management Fund that they intended to file a claim, as required under the Indiana Tort Claims Act. On April 3, the school corporation's insurer notified the defendants that the claim had been denied.

The Lochtefelds contend that students were operating the mechanical hoist, that the required number of adult employees were not present during the moving of the mats, that a safety railing on the risers had been removed, and that their son was not told to move far enough away from the mats.

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