Mid-Del school district sued for $125K after serious classroom injury
MIDWEST CITY, Okla. (KOKH) — Fox 25 is learning more about a Mid-Del school district family who says their son is still trying to recover from a serious injury in class at Carl Albert Middle School in Midwest City.
Isaiah Stone says in his woodshop class, a teacher told him to use a table saw that didn't have a blade guard or a riving knife. It cut off three of his fingers on his left hand.
"When I used it all I could assume was that the board jumped," Stone said. "It was fast. My hand gets cut. I didn't know for a solid 10 seconds because I saw my spotter turn around and walk away. I felt a small pain in my hand that slowly intensified. I looked down, saw my hand and how it was. I started screaming and jumping up and down."
Isaiah's mother Karen says Isaiah was bleeding for 14 minutes until his school finally called 911.
"I don't understand that," Karen said. "No child should sit there with that severity and not get medical help immediately. He lost three fingers because of it. How the school can't be liable for this is mind-blowing to me."
This all happened four years ago. Isaiah was a seventh grader.
"I was scared," Isaiah said. "I knew I was going to lose my hand. I didn't know how much. I mean, I think about it now, I had so many plans that I wanted to do. I wanted to join the military. That ain't happening."
After a long legal process, only just recently did the Stone family learn how much money they could sue the Mid-Del school district for: $125,000. Michael Hill and Paul Kolker, the lawyer's representing the Stone family, says that was the maximum amount the Stone's could've received under the law.
"The unfortunate reality is that amount of money doesn't come close to compensating our clients for their loss," Kolker said. "As a consequence they were forced to leave court with less than the amount that they're legally entitled to under ordinary circumstances."
Kolker tells Fox 25 the Mid-Del school district purchases insurance coverage for far more than $125,000.
"But due to a carefully worded endorsement, they're able to escape their obligations under the contract and pay less," Kolker said. "The school district has insurance coverage for these types of injuries, but it's not afforded because of a loophole in the law. We hope to change that."
Michael Hill says a government entity like a school gets coverage that no other defendant gets.
"With these caps, the school district knows what their worst day in court is going to be," Hill said.
Isaiah's medical bills cost $330,000. His lawyers say Isaiah's future treatment, along with the money he would've been able to make without the injury, will cost him more than $2.76 million.
"This is what bothers me," Kolker said. "A school district is paying a premium for a million dollars in coverage, but is only being afforded $125,000 in effect. Worse, the victims are penalized in the same manner because they can't recover more than the law allows.
When the lawsuit judgement is finalized, Kolker tells Fox 25 he plans to share the Stone family's situation with Oklahoma legislators. He hopes it convinces them to reconsider the $125,000 cap.
"I think we're paying a great deal for coverage that's not being provided," Kolker said. "That should concern taxpayers and the legislature."
As for the Stone family, Karen says her son Isaiah needs all the financial help he can get. She recently created a GoFundMe campaign for him with hopes of raising $150,000.
"This is going to affect him for the rest of his life," Karen said. "There are so many things I sit here and watch him not be able to do because of this. All because that teacher didn't want to put a safety guard on a table saw. If a cut was too small for a safety guard, that teacher should've made that cut. Not a seventh grader. He has difficulties cutting a piece of meat. There's not an amount of money that could make up for all of this."
Fox 25 reached out to the Mid-Del school district. A school public information officer told Fox 25, "This is currently ongoing litigation and we cannot provide statements or interviews during this time."
For more local news delivered straight to your inbox sign up for our daily newsletter by clicking here.