The West Hartford Town Council approved a nearly $3.5 million settlement of litigation involving alleged injuries sustained by a third-grade student during gym class at Wolcott Elementary School.

By Ronni Newton

Settlement of a lawsuit that was filed in 2017 was approved unanimously by the West Hartford Town Council Tuesday night, just days before the case was scheduled to begin the trial process with jury selection.

Following an executive session where Council members, Corporation Counsel Dallas Dodge, Deputy Corporation Counsel Gina Varano, and outside counsel discussed the matter, a resolution authorizing settlement in the amount of $3,425,000 was unanimously approved in the case of “Gabriella Farrell, PPA Sheree Shields Farrell and Brian Farrell v. West Hartford Public Schools Board of Education and Town of West Hartford.”

The lawsuit, filed Oct. 25, 2017, alleges that on Jan. 18, 2017, Gabriella Farrell, at the time an 8-year-old third grade student at Wolcott,” suffered head and permanent brain injuries as a result of a slippery gymnasium floor at Wolcott Elementary School in West Hartford, Connecticut,” court documents state.

The complaint states that during physical education class, Gabriella Farrell fell and struck her head on the gym floor, which was in an “unsafe condition” during a physical education class, lost consciousness, and sustained “serious, debilitating and permanent injuries, including a traumatic brain injury.”

The case has been proceeding through the court system for more than five years, and testimony was obtained from more than 30 witnesses – fact witnesses as well as expert witnesses – who testified on behalf of both the plaintiffs and the defendants. West Hartford Public Schools Board of Education and Town of West Hartford denied liability in the case.

The $3,425,000 settlement will be paid in full by the town’s insurer, Berkley Public Entity Insurance. Dodge confirmed Tuesday to We-Ha.com that the town’s self-insured retention of $250,000 had already been expended for attorney’s fees and expert fees during defense of the case.

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