LOCAL NEWS

Family of boy who died falling from playground slide sues school district

Mar 4, 2024, 4:55 PM

Dallin Cunningham, 8, who died from his injuries after falling off a slide at Rose Springs Elementa...

Dallin Cunningham, 8, who died from his injuries after falling off a slide at Rose Springs Elementary School in Tooele County. (Courtesy: Tim and Katie Cunningham)

(Courtesy: Tim and Katie Cunningham)

ERDA, Tooele County — The parents of an 8-year-old boy who died a year ago after falling off a school playground slide during recess have filed a wrongful death lawsuit against the school district.

Timothy and Kathryn Cunningham, the parents of Dallin Cunningham, filed the lawsuit Monday in 3rd District Court against the Tooele County School District.

On Feb. 6, 2023, Dallin was on the playground at Rose Springs Elementary School, 5349 N. Insbrook Place, in Erda, and was playing on a corkscrew-styled slide.

About halfway down the slide, however, the boy fell off the equipment and fell approximately 7 feet, onto the “frozen rock-hard (term used by police) surface below,” according to the lawsuit. Dallin was taken to a local hospital where he died from blunt force trauma to his head.

Dallin’s parents say the district was negligent in allowing such a slide to be on the playground, and for failing “to appropriately maintain the mulch below the slide to serve as an appropriate play surface,” according to the lawsuit, as well as “using a surface for the playground beneath the playground equipment consisting of a dangerous condition of a frozen hard surface rather than a material which would have better absorbed the hard impact of Dallin’s fall.”

The lawsuit also contends the school district is liable for Dallin’s death because it is the owner and designer of the playground that “did not meet generally recognized safety standards,” the lawsuit states. Some of those safety standards that were not met include having a slide with an excessive slope, a lack of guardrails on the side, a lack of high banking “to keep children inside the slide instead of flying out,” and inadequate playground mulch, according to the lawsuit.

The slide has since been removed from the playground.

The lawsuit notes that the school district covered Dallin’s burial expenses, but seeks now to recover the $90,000 in medical bills the family received, as well as other damages to be determined at trial.

The Tooele County School District issued a brief statement Monday afternoon, saying, “due to the open and active litigation, we are unable to provide a comment at this time.”

KSL 5 TV Live

Local News

One of two controlled detonations of old dynamite is seen in Holladay on April 24, 2024. (KSL TV)...

Josh Ellis

Crews detonate ‘ancient dynamite’ sticks found in Holladay home

Hazmat crews detonated old explosives that were found in a Salt Lake County home early Wednesday morning after evacuating dozens of nearby houses.

4 hours ago

Summer travel is about to take flight. That means a whole lot of points and miles being used and ea...

Matt Gephardt and Sloan Schrage

Thieves are going after your frequent flier mileage: how you can safeguard those miles and points

Summer travel is about to take flight. That means a whole lot of points and miles being used and earned, and cybercriminals know it.

12 hours ago

One of the tennis courts that used to be available to the public but now closed due to repeated van...

Debbie Worthen

Some Salt Lake high school facilities closed to the public due to irresponsible dog owners

The Granite School District says irresponsible dog owners are forcing the closure of some high school tennis courts that used to be open to the public.

12 hours ago

A fire at an egg farm in Lewiston has resulted in a response from as far as Franklin, Idaho. (Brian...

Dan Rascon

Egg farm catches fire in Lewiston, prompting a fire response from as far as Franklin, Idaho

A four-alarm fire at the Oakdell Egg Farm in Lewiston left scores of chickens dead on Tuesday.

13 hours ago

Winnie Quilter's dad's 1982 BMW 320I that was set a blaze during Tuesday morning fires....

Garna Mejia

Four fires near downtown Salt Lake City prompts an arson investigation

Fire investigators are looking for someone suspected of starting several fires in the downtown area early Tuesday morning.

14 hours ago

FILE (KSL TV)...

Lindsay Aerts

Utah State Board of Education clarifies districts are in charge of bathroom law implementation

The Utah State Board of Education is clarifying that it's up to school districts to decide how they implement a new bathroom law in schools that requires students to use the bathroom of their gender assigned at birth

15 hours ago

Sponsored Articles

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

Family of boy who died falling from playground slide sues school district