Eight-year-old dies after he ‘flew off’ playground slide

TOOELE COUNTY, UT – Timothy and Kathryn Cunningham, parents of a Utah elementary school boy, are suing the Tooele County School District following their son’s fatal fall from a playground slide.

Eight-year-old Dallin Cunningham fell 7 feet from a corkscrew slide at Rose Springs Elementary School on February 6. According to a lawsuit the parents filed, Dallin “flew out” during a turn on the slide, leading to a fatal collision with the “frozen rock-hard” mulch underneath. The young boy subsequently succumbed to a traumatic brain injury at the hospital.

The Cunninghams’ lawsuit accuses the school district of negligence, asserting that the playground was not equipped with an adequate depth of mulch padding. They are seeking a minimum of $90,000 to cover medical expenses, along with any further damages determined at trial.

They contended that the slide was “excessively fast and steep” and lacked necessary safety railings to avert such fatal incidents. The lawsuit additionally noted that the mulch, which was just about an inch deep and frozen solid underneath, did not meet usual playground safety standards of 12 inches.

The legal suit further claimed that the mulch depth, particularly in freezing conditions, was insufficient to absorb the hard impact from Dallin’s fall. It also alleged the school district’s failure in providing proper supervision of its playground equipment.

The Tooele County School District declined to comment citing ongoing litigation while a GoFundMe campaign has been initiated to assist the family with expenses.