EVERETT — Everett could pay a Mill Creek boy’s family $70,000 today to settle a claim that came after the tip of his middle left finger was pinched off by a malfunctioning bathroom door that slammed on him at Kasch Park in south Everett.
The incident happened in February 2005, when Andre Jean-Paul Richard was 2 1/2. He was leaving the bathroom while his father, Jean Richard, remained inside helping the boy’s twin brother.
The boy opened the metal door on his own. The door has a spring that closes it automatically and a hydraulic system that is supposed to prevent it from slamming.
On that day, the door’s shock-absorber failed and slammed with a force strong enough to sever the tip of the toddler’s finger, including a portion of his fingernail.
Paramedics found the boy’s fingertip and took it to the hospital where doctors tried to reattach it.
“Unfortunately it didn’t take,” said Ben Wells, an Arlington personal injury attorney who is representing the Richards.
Wells said the boy likely will have surgeries to restore the tip of his finger and fingernail after he is finished growing.
The boy’s injury serves as an unfortunate reminder of the importance of keeping self-closing doors in good working order, Wells said.
After the accident, Wells said, he collected samples of dried hydraulic oil on the door, a sign that it had been broken for a while before the accident.
“We really want to get out the word, you need to check your automatic door closures to make sure they’re functioning well and that they won’t fail,” Wells said. “This is a dangerous condition that is sometimes overlooked. It’s something that people wouldn’t think of.”
Since the accident, Everett has stepped up the frequency of its door inspections, city spokeswoman Kate Reardon said.
Everett’s legal department is recommending the City Council approve the settlement. The council is scheduled to vote on it today.
Because the case involves a minor, the settlement is subject to court approval.
Reporter David Chircop: 425-339-2329 or dchircop@heraldnet.com.
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