The family of a 9-year-old boy who was crushed to death by a motorized room partition in his Northern Virginia school this spring will sue the school district, News4 has learned.
County documents show that lawyers for the family of Wesley Lipicky stated their intent to sue. Also, the documents claim there were three adults in the school's gym when the accident occurred.
Lipicky was helping a teacher operate a partition in the gym of Franconia Elementary School in Alexandria on May 18 when he got caught between the huge partition and a wall, Fairfax County police said. He suffered head injuries. An EMS crew arrived within four minutes, fire department records show. But Lipicky's injuries were too severe. The third-grader died at a hospital that night.
Attorneys for the Lipicky family say Fairfax County and the school employees present the day of the accident acted with negligence. In documents, the lawyers argue the county and the employees improperly allowed Lipicky to attempt to operate the partition and failed to follow proper procedures for its operation.
Go here to read the Lipicky family's letter to school officials.
A teacher let Lipicky help operate the partition, the family's lawyers claim. Another teacher and an after-school program employee were in the gym at the time, the lawyers say.
DC-Area Schools That Have Motorized Room Partitions
Click on the dots to see where room partitions are located.
Source: Information provided by school districts.
Note: D.C. Public Schools was unable to provide information on room partitions. Culpeper County Public Schools, Manassas Park City Schools and Spotsylvania County Public Schools said they do not have any partitions.
A friend of Lipicky's grandmother said Lipicky was the type of child who would have wanted to help.
"He was a dear, sweet boy," Carol Bailey said. "The kind of kid that wanted to help, wanted to do the right thing."
Fairfax County Public Schools issued new policies on the use of motorized partitions after Lipicky's death.
"We are determined to ensure that another accident of this type never happens again in any FCPS facility," Superintendent Scott Brabrand said in a statement.
Fairfax County police closed its investigation into Lipicky's death. No one will be charged, a department spokesman said.
A News4 consumer investigation earlier this year found that nearly 500 motorized room partitions are located in schools in the D.C. area. Of the 21 school districts that have the powerful devices, 17 districts had no formal, written policies on who is allowed to operate them.
Click on the dots on the map above to see where partitions can be found at schools in your area.
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Go here for more information on school districts' rules about the the use of partitions.
Lawyers for the Lipicky family say it's still not clear exactly how Lipicky ended up between the partition and the wall. The Lipickys did not respond to requests for comment.
Proper training regarding partitions is key, said Kathy Cole, who owns a company that makes a device called SafePath. The systems use motion sensors to stop partitions from moving if someone or something gets in their paths.
"There are some dangers lurking out there in your school gym, and you have the right to know about it and the right to demand action," Cole said.
SafePath costs between $5,000 and $6,000 to install per wall.
FCPS told News4 earlier this year that officials have no plans to install the devices.
