The parents of an 8-year-old Utah boy who died after falling from a corkscrew slide on his elementary school playground have filed a wrongful death lawsuit against the school district.
Dallin Cunningham was playing on a corkscrew-style slide on the playground at Rose Springs Elementary School on Feb. 6, 2023, when he fell seven feet and suffered fatal blunt force trauma to the head.
His parents, Timothy and Kathryn Cunningham, are suing the Tooele County School District for $90,000 and other undisclosed damages for failing to properly supervise Dallin and allowing unsafe conditions on the playground, according to the lawsuit obtained by KUTV.
Dallin, who was the youngest of four siblings and the only boy in the family, was unconscious after the fall and was taken to hospital where he died.
“He fell onto the frozen, rock-hard (term used by police) surface below and received serious injuries, including fatal blunt force trauma to the head,” the lawsuit reads.
Dallin Cunningham, 8, died after falling from a corkscrew slide in the playground of his elementary school.
Dallin was on a corkscrew-style slide on the playground at Rose Springs Elementary School on Feb. 6, 2023, when he fell seven feet and suffered fatal blunt force trauma to the head. The slide has reportedly since been removed from the playground.
His parents, Timothy and Kathryn Cunningham, are suing the Tooele County School District for $90,000 and other undisclosed damages for failing to properly supervise Dallin and allowing unsafe conditions on the playground.
His parents said the fall occurred around 10:07 a.m., but school staff did not call 911 until 10:17 a.m.
The 8-year-old boy suffered blunt force trauma, right occipital subscapular hematoma, fracture of the right side of the frontal bone, cerebral edema, and hemorrhage as a result of his fall.
The lawsuit argued that the school district is liable because the playground failed to meet safety standards, including the excessive slope of the slide and improper use of mulch.
“Using a playground surface under the playground equipment that consists of a dangerous condition of a frozen hard surface rather than a material that would have better absorbed the strong impact of Dallin’s fall,” the complaint said.
‘The standard is 12 inches of fill material that is expected to compress to a minimum of 9 inches of fill. As measured at the playground, due to poor design and maintenance, the playground mulch was approximately 1 inch deep before freezing underneath.
The Tooele County School District said ksl: ‘Due to open and active litigation, we are unable to provide a comment at this time.’
The slide has reportedly been removed from the playground.
Dallin’s obituary described him as a friendly, outgoing boy who was always making new friends.
‘Dallin is the perfect, imperfect eight-year-old boy. “Sometimes joking, sometimes antagonizing, but always in love with his three sisters, his mom, and his dad,” the obituary said.
‘He loves playing board and card games like Sushi Go!, Throw Throw Burrito, Uno and many more. But he is always more excited to play when one of his sisters plays with him.
The 8-year-old boy was described as athletic, he loved playing soccer, he was very flexible and creative.
“When he doesn’t have access to video games, he pulls out a complex puzzle to solve or draws funny pictures,” the obituary said.
Cunningham family friend Katrina Orr told KSL that Dallin was very intelligent and had a lot of energy.
The lawsuit argued that the school district is liable because the playground failed to meet safety standards, including the excessive slope of the slide and improper use of mulch.
Dallin’s obituary described him as a friendly, outgoing boy who was always making new friends.
‘He likes to read and has just finished all the How to Train Your Dragon books. He loves learning Portuguese and practicing with his dad at home.
Katrina Orr, a friend of the Cunningham family, told KSL that Dallin was very intelligent and had a lot of energy.
‘He was a very intelligent child. “He was putting together a 3D Harry Potter puzzle intended for 12-year-olds and he had figured it out,” Orr said.
“He would love to come up and hug you, grab your face and tell you some silly joke.”
The Bishop of Cunningham Church said FOX 13, ‘It has been a heartbreaking experience and we will never be the same. He was a bright, vibrant boy with the best smile and laugh.’