A 5-year-old boy left a South Boise school in late August and entered the parking lot, where he was hit by a vehicle, as stated in a claim from the boy’s family.
A tort claim filed on Dec. 23, which may lead to a lawsuit, alleged that Ada County, the city of Boise, and Desert Sage Elementary engaged in “negligent acts” that violated their responsibility to “supervise, care for and otherwise protect” the students at the school.
The school can be found at 9325 W. Mossywood Drive, situated to the southwest of where West Lake Hazel Road meets South Maple Grove Road.
A claim stated that the boy suffered serious injuries, and his treatment was still in progress as of late December. The family projected that medical expenses would exceed $5,000 and indicated they might seek over $500,000 for emotional and other damages.
The name of the boy was removed from the copy of the tort claim that the Idaho Statesman received via a public records request.
The attorney for the family, Kelby Monks, chose not to provide any comments. The principal of Desert Sage, Beau Dahlgren, along with Niki Scheppers from the West Ada School District, have yet to reply to inquiries for comments. Representatives from Boise and Ada County commissioners chose not to provide comments due to ongoing legal matters.
As of late December, the family had no knowledge of any witnesses to the incident, according to the claim.
A tort is defined as a wrongful act, distinct from a breach of contract, that allows victims to pursue damages or an injunction, according to the Merriam-Webster dictionary. In Idaho, individuals intending to sue the state or local government must first file claims, allowing government agencies the opportunity to resolve the issue prior to any legal action. Certain claims are resolved without escalating to legal action.