Family sues over teenage boy's cart injury at North Eugene High.

Byline: Anne Williams The Register-Guard

The family of a boy who was injured in a May 2003 incident at North Eugene High School has sued the Eugene School District and the family of the student who allegedly chased the boy and rammed him with a sports equipment cart.

Matthew McKay sustained torn tendons, scarring, lasting pain and limited movement, according to the lawsuit.

Lori McKay, Matthew's mother, seeks damages of $350,000 for pain and suffering and economic damages of $24,775 from both the district and Matthew and K. Steinberg, the parents of the boy involved, as well as $7,500 in economic damages from the Steinbergs.

Both boys were freshmen at the time and still attend the school, district spokesman Kelly McIver said. The culprit was disciplined at the time, he said. A district investigation found his behavior inappropriate and "possibly reckless," McIver said, but not intentionally hurtful.

"Our investigation didn't show any particular malice," he said. "I think there was some horseplay that resulted in a very unfortunate accident."

The suit alleges negligence by the school district for allowing the cart to remain in an area accessible to students and for failing to supervise students adequately.

McIver said the metal cart, about 4 feet long and designed to carry balls, "is clearly not some sort of dangerous piece of equipment" meant to be kept away from students.

The suit, filed last week in Lane County Circuit Court, alleges that Matthew McKay required surgery after suffering "a complete tear of his Achilles tendon and a severed peroneus longus tendon," along with bruises, abrasions, scarring, permanent pain and limited movement.

The McKays' Eugene attorney, James Jagger, did not return phone messages requesting his comment. Reached by telephone, Matthew Steinberg said he was "flabbergasted" to learn of the lawsuit against his family, and agreed with the district that the incident was an accident resulting from horseplay. He said the boys were on friendly terms. He also said the lawsuit cites an incorrect name for his former wife.