Lamont School District faces negligence trial

LAMONT - The School District will face trial over alleged negligence following a hearing Friday, Aug. 9, in Whitman County Superior Court.

The district had moved for a summary judgment to dismiss a lawsuit brought about by former Lamont Middle School student Amber Jolie Berg, of Sprague, now 19. Berg had filed suit against the district Aug. 17, 2021, claiming the district discriminated against her and failed to protect her.

Visiting Adams County Superior Court Judge K. Peter Palubicki presided over Friday's hearing. He granted summary judgment on the alleged discrimination, but allowed the negligence allegation to continue to trial.

In her lawsuit, Berg claims the Lamont School District failed to implement preventative measures to eliminate or reduce danger to Berg, who reported being assaulted multiple times by a Lamont Middle School student in 2018.

The first alleged assault occurred Sept. 17, 2018, when Berg claims to have been hit with a book on the side of the head by fellow student "Turner," referred to as T.O., court records show.

"No actions were taken by the defendant to provide aid for Amber Berg from T.O. and nothing was done to ensure that no other incidents occurred," the lawsuit said.

Berg claims a second alleged assault occurred Oct. 18, 2018, when T.O. walked up behind her and hit her on the top of her head with his hand, records show.

In her lawsuit, Berg alleges she suffered from bilateral temporomandibular joint dislocation from the assaults.

According to the lawsuit, Berg had difficulty eating, speaking and closing her mouth, which caused her to drool, as a result from the attacks.

On Oct. 24, 2018, she had surgery necessitating her jaw be broken to correct the dislocation, records show.

The lawsuit also alleges Berg was denied the opportunity to participate safely in Lamont school activities. As a result of missing school, Berg also faced a truancy hearing Feb. 27, 2019, court records show, noting district officials did not show up.

The Lamont School District moved to dismiss Berg's negligence and discrimination claims based on the argument that Berg cannot establish that the school breached any duty owed to her, records show, noting she cannot establish that her disability was a substantial factor causing the alleged discrimination.

"There were no student witnesses to the alleged hit to Ms. Berg's face," School District lawyer Neal Peters told the court during the Aug. 9 hearing. Peters is an attorney with the firm Evans Craven and Lackie P.S., which was contracted by the School District.

"They disregard evidence that doesn't comport with their interpretation of the facts," attorney David TurpleSmith said in representing Berg. "And Ms. Berg should be able to testify to a jury and tell them what she believes happened."

Following arguments, the judge ruled for partial summary judgment.

"The court will grant the motion for summary judgment on the Washington law against discrimination claim," Palubicki said. "The court will deny the motion for summary judgment on the negligence claim."

Berg is suing for financial damages for pain and suffering, disfigurement, medical expenses, mental and emotional distress, loss of enjoyment of life, attorneys fees and costs, exemplary damages and other relief to be determined at trial.

A trial date has yet to be set.