Mother of Boy Killed in Park Files Claim

The mother of an 8-year-old boy killed two months ago when a concrete park bench toppled on him has filed a formal claim for damages against the city of Laguna Niguel and a recreation district, an official said Friday.

Such demands must be lodged directly with a government agency before a claimant can pursue a lawsuit.

Named in the claim are the city of Laguna Niguel and the Laguna Niguel Community Service District, a recreation agency that was established before the city’s incorporation.

The claim, received by the city March 5, alleges that negligence by unidentified employees led to the death of Tony Ross Ferris, who was fatally injured Jan. 18 when a bench at Chapparosa Park tipped backward and crushed him.

The boy’s mother, Tracy Lynn Ferris, alleges that the bench was dangerous and that the agencies knew or should have known of the danger. She also claims that employees were negligent in the installation, repair, maintenance and inspection of the bench.

No dollar amount was specified, but the sum will exceed $10,000, the claim states.

The claim seeks payment for “medical expenses, funeral and burial expenses, damages to compensate for loss of love, companionship, comfort and affection . . . and other noneconomic damages.”

The boy was on a YMCA Martin Luther King Jr. Day outing at the park when the accident occurred. Witnesses said Tony and other children were sitting on the back of the bench and others were sitting on its seat when one of the youths stood up, shifting the weight balance.

Laguna Niguel City Manager Tim Casey said Friday that the claim was not unexpected and was automatically forwarded to the city’s insurance provider, which will conduct an investigation.

The city and the district have 45 days to reject or otherwise act on the claim. If it is denied, Ferris would then be free to pursue other legal action, Casey said.

The maker of the bench has said the model should have been secured to the ground. The city denies that any such directions were included in planning and inspection documents of the park.

Any lawsuit over the tragedy might involve numerous parties, Casey said.