The Appleton Board of Education said it would not compensate a girl who lost part of her pinky in an accident on Madison Middle School's bleachers. According to her lawyer, the next step will be to begin a premises liability lawsuit against the school district.

According to the girl's liability claim, the girl was climbing up the outside of a closed section of bleachers to fetch a volleyball during her physical education class in the spring of 2011. The girl's physical education teacher allegedly knew the girl was climbing the bleachers to retrieve the ball and did not try to stop her.

As she climbed, the girl's hand got stuck in the bleachers. After her hand got stuck, the girl lost her balance and fell from the bleachers. As she fell, she severed her right pinky finger at the knuckle.

Doctors tried unsuccessfully to reattach the girl's finger after the accident. The girl's family asked the school district to pay $100,000 to help cover her medical expenses, and for her pain and suffering.

The district's insurance company advised the district to reject the claim because its investigation did not show the school district was clearly negligent. At a meeting earlier this month, the district's chief financial officer called the girl's injury an "unfortunate accident." He said rejecting her claim is "part of the process of the insurance company dealing with it."

The girl's attorney said he was disappointed and surprised the board rejected her request for compensation. Now, he plans to file a lawsuit on her behalf against the school district.

Source: Appleton Post Crescent, "Appleton school board denies claim in amputated finger incident," Dec. 13, 2011.