Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
KAYSVILLE — On a May morning in 2014, Kylie Nielsen fractured her leg while wearing impairment goggles — meant to mimic the visual effect of intoxication — during a health class activity at Centennial Junior High School.
Almost two years later, Nielsen's parents, Andrew and Camille Nielsen, are suing their child's former teacher and the Davis School District for almost $275,000 in damages. The complaint was filed Thursday in 2nd District Court.
On May 9, 2014, Kylie was among other seventh-graders in Rick Smith's class who wore the goggles. After students put on the goggles, Smith "encouraged the students to engage in a game of tag and run through his classroom full of desks, tables, chairs and other classroom equipment," the complaint states.
During the activity, Kylie's left foot was caught in the brace of a desk, twisting her ankle as she fell to the ground. She suffered multiple fractures and underwent surgery at Primary Children's Hospital, where several screws were put in her leg.
On the same day, Kylie was scheduled to participate in the North End track meet. Due to her injury, she was not able to attend the meet, nor participate during the following track season in spring of 2015.
Last fall, she played on the golf team for Davis High School.
"It now appears that Kylie will never be able to participate in track again," the complaint states.
During her recovery, Kylie underwent rehabilitation, as well as a second surgery to remove the screws in her leg after they reportedly caused "symptomatic" pain. She currently has a "leg length discrepancy," as well as periodic pain and swelling in her ankle, according to the complaint.
Kylie's parents and their attorneys said her injury was the result of "negligence, even recklessness" from Smith.
Two years since the incident, Smith no longer works for the district after leaving "voluntarily," according to Davis School District spokesman Chris Williams.
"No question, it was an unfortunate accident. And the teacher made a mistake," Williams said.
"We're in litigation," he said, declining further comment.
