FOREST CITY --- A New Hampton couple whose child received head injuries after falling down a steep hill on the property of a Forest City hotel has been awarded a $107,500 out-of-court settlement.
In a lawsuit filed by Kurt and Sarah Larson against The Lodge in Winnebago County District Court, the couple claimed the hotel's negligence resulted in severe injuries to their 7-year-old son, Kane.
Kane and his two siblings were in a fenced-in outdoor play area at the hotel on Aug. 3, 2017, when the ball they were playing with went through the fence, according to the lawsuit.
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Kane passed through the fence and fell on a substantial hill, crashing on a paved area at the base, the lawsuit states.
His parents said the boy suffered severe head injuries from the accident, resulting in substantial medical expenses and other damages.
Their lawsuit alleged the hotel was negligent because staff gave no notice of "a steep and dangerous hill" and the fence itself was old and rickety.
The Lodge filed an answer to the lawsuit, denying negligence on the part of the business was a proximate cause of the accident.
The Lodge also claimed negligence or fault of the boy's mother contributed to the accident.
In early May, the Larsons told the court their attorney received a settlement offer of $107,500 from the hotel.
Once funds were subtracted for attorney fees and other costs the couple incurred due to the lawsuit, there was enough left to establish a $20,000 trust for Kane, and award $16,048 to each of his parents, according to court documents.
District Judge Colleen Weiland issued an order approving the settlement on May 17.