Unsupervised 5-year-old wandered out of a Boise school and was hit by a car, claim says

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Unsupervised 5-year-old wandered out of a Boise school and was hit by a car, claim says

In late August, a 5-year-old boy wandered out of a South Boise school and into its parking lot, where he was struck by a vehicle, according to a claim filed by the boy’s family.

The Dec. 23 tort claim, a precursor to a lawsuit, accused Ada County, the city of Boise and Desert Sage Elementary of “negligent acts” that breached their duty to “supervise, care for and otherwise protect” the school’s students.

The school is located at 9325 W. Mossywood Drive, southwest of the intersection between West Lake Hazel Road and South Maple Grove Road.

Desert Sage Elementary School in South Boise.

The boy sustained serious injuries, and his treatment was ongoing as of late December, the claim said. The family estimated medical costs would surpass $5,000 — and said that for emotional and other damages, it may sue for over $500,000.

The boy’s name was redacted from the copy of the tort claim the Idaho Statesman obtained through a public records request.

Kelby Monks, the family’s attorney, declined to comment. Desert Sage Principal Beau Dahlgren and Niki Scheppers, a spokesperson for the West Ada School District, did not immediately respond to requests for comment. Spokespeople for the city of Boise and Ada County commissioners declined to comment, citing the pending litigation.

The family was not aware of any witnesses to the incident as of late December, according to the claim.

A tort is a wrongful act other than a breach of contract for which victims may seek damages or an injunction, the Merriam-Webster dictionary says. Idaho law requires people who may sue the state or a local government to file claims to give government agencies the chance to address the complaint before a lawsuit is filed. Some claims are settled without becoming lawsuits.

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