MIAMI, OK — The mother of a 9-year-old Wyandotte student who died after falling off school playground equipment has settled a lawsuit for an undisclosed amount against the school district and two companies.
Alyssa Avila, a fourth-grader, died Aug. 19, 2010, after falling from an X-Wave, which resembles a teeter-totter, at the Wyandotte Elementary School playground. An autopsy showed the cause of death likely was a severe concussion.
The lawsuit was settled Oct. 15 against Xccent Inc., Noah's Parks and Playground and the Wyandotte School District, according to documents filed in the Ottawa County District Court.
Mark Ramsey, an attorney for Cathy Collins, Alyssa's mother, confirmed the settlement but said a confidentiality agreement prevented him from releasing the details.
Collins declined to comment.
Xccent Inc., based in Minnesota, manufactured the X-Wave. Noah's Parks and Playgrounds, an Edmond-based company, sold it to the school. Telephone messages left at both businesses were not returned.
Child struck after falling off
Alyssa fell from a section of the X-Wave that was in the air; when she stood up to get back on, she was hit in the head as that section was coming down, her family said in 2010.
Alyssa was taken from the school in full cardiac arrest and died at a Miami hospital.
“The equipment has since been removed from the school's property,” Wyandotte Superintendent Troy Gray said Thursday.
“This was such a tragic accident. We miss Alyssa every day,” Gray said.
After Alyssa's death, at least six other Oklahoma school districts — Moore, Edmond, Oklahoma City, Putnam City, Deer Creek and Norman — either removed the playground equipment or kept children off it.