Trial Scheduled For Lawsuit Against Rochester School District

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Rochester, MN (KROC-AM News) - A trial date has been set for a personal injury lawsuit against the Rochester School District and two of its employees.

The case of Hivela versus the Rochester Public Schools is currently scheduled for trial on July 31 of next year. The lawsuit on behalf of Jeffrey Hirvela and his juvenile son was filed against the school district in September.

The lawsuit claims the school district and two of its employees were negligent for allegedly failing to provide readily available "reasonable and necessary protective equipment" to students participating in the game of broomball during a physical education class at John Adams Middle School on January 28, 2020. The court document states Hivela's son, then 12 years old, fell and struck his head on the ice and suffered "serious, disabling, and permanent physical injuries," including the loss of hearing in his right ear.

The lawsuit seeks in excess of $50,000 in damages for the injuries suffered by the student and for medical and other expenses incurred by his father.

The Rochester Public Schools responded to the lawsuit by denying "each and every allegation." A court filing says the school district specifically denies the student sustained his injuries as a result of falling on ice while playing broomball during class and that the two school district employees named in the lawsuit did not provide reasonable and necessary protective equipment.