West Hartford Approves Massive Settlement In Wrongful Death Case Involving Local School

WEST HARTFORD, CT — The West Hartford Town Council voted unanimously Tuesday night to approve a $20 million settlement with the family of a 5-year-old boy who died after collapsing during recess at Charter Oak International Academy in 2022.

The 9-0 vote resolves a wrongful death lawsuit filed by the parents of Romeo D. Pierre Louis against the Town of West Hartford and the West Hartford Board of Education.

Subscribe

According to the family's attorneys, the settlement is the largest known wrongful death settlement paid by a Connecticut municipality.

The lawsuit was filed by Chantel T. Pierre Louis and D'Meza Shultz Pierre Louis, individually and as administrators of their son's estate.

It alleged that Romeo's death on April 7, 2022, two days after collapsing on the school playground, was preventable because of inadequate supervision and a delayed response by school staff.

According to the complaint, Romeo collapsed during outdoor recess on April 5, 2022, and remained on the ground for approximately nine minutes before an adult noticed he was unconscious and sought help.

The lawsuit alleged that supervising staff failed to position themselves to maintain visual coverage of the entire playground and were inattentive during recess, delaying life-saving medical care.

The case was settled through mediation after years of litigation and shortly before a scheduled jury trial, according to the Stamford law firm Slager Madry LLC, which represented the family along with Hartford attorney Michael Chambers Jr.

"This tragedy was not simply the result of an unforeseeable event," attorney Joaquin Madry said in a statement. "It was the result of a failure to supervise. School districts should approach playground safety with the same seriousness they devote to every other aspect of student safety: clear policies, proper staffing, and continuous, diligent observation can save lives."

Attorney Paul Slager said the settlement amount reflects "the extreme tragedy and magnitude of Romeo's loss."

"We certainly do not see the settlement as a victory," Slager said. "No one ever wins when a family loses a child in a preventable tragedy like this."

Attorney Michael Chambers Jr. said he hopes the settlement prompts school districts nationwide to examine their recess supervision practices.

"When parents send their children to school, they are placing their trust in educators to keep them safe," Chambers said. "Our hope is that a settlement of this magnitude drives change in every school across the country."

The attorneys said the litigation included years of discovery, numerous depositions of teachers, paraprofessionals, and the school nurse, expert testimony, and analysis of playground surveillance video documenting the events surrounding Romeo's collapse.

The lawsuit, filed in Hartford Superior Court in April 2023, alleged that several teachers and staff members delayed responding after Romeo collapsed, believing he may have been playing a childhood game of "play dead" despite classmates' pleas that he needed medical attention.

It further alleged that by the time staff recognized the medical emergency, it was too late to save his life.

A website created by Romeo's family after his death stated he died from previously undiagnosed heart complications.

In a statement released after Tuesday's vote, the Town of West Hartford said the entire $20 million settlement will be paid through the town's excess liability insurance coverage.

According to the town, the settlement "will not result in any direct financial liability to the town beyond approximately $250,000 in legal defense costs previously incurred."

West Hartford Mayor Shari Cantor expressed condolences to Romeo's family and the school community.

"On behalf of the Town of West Hartford, I extend my deepest condolences to Romeo's family, friends, classmates, and all those affected by this heartbreaking tragedy," Cantor said in a statement. "The loss of a child is unimaginable, and our thoughts remain with the Pierre Louis family and the entire Charter Oak school community."

The town emphasized that the agreement resolves disputed claims but does not represent an admission of liability.

"This settlement reflects a negotiated resolution of disputed claims and does not constitute an admission of liability or wrongdoing by the Town, the Board of Education, or any Town employee," Corporation Counsel Dallas C. Dodge said in a statement. "While the Town believed it had substantial legal and factual defenses, litigation inherently carries risk. After careful consideration of those risks and the potential exposure associated with a trial, the Town determined that this resolution is in the best financial interest of the community."

Because this has been discussed in depth at past meetings, Tuesday's special meeting lasted seven minutes, 44 seconds.

Cantor said Tuesday night that the settlement proposal was discussed in detail during the June 9 council meeting in executive session.

As a result, Cantor said the council did not go into executive session Tuesday night, instead going into a vote on the matter.

Dodge was unable to be at the meeting Tuesday, with West Hartford Deputy Corporation Counsel Gina Varano staffing the special meeting.

Cantor gave a statement before the council vote.

"The loss of a child is a pain no family should ever have to endure," Cantor said. "Romeo's passing was a heartbreaking loss that was felt, not only by his family, but throughout our entire community."

Cantor led the council in a moment of silence in memory of Romeo.

Varano said the plaintiff offered a compromise of $20 million, something the town representatives agreed to.

"After extensive review and consideration of the circumstances, the town's insurance carriers have agreed to tender the full limits of their policies toward the resolution of this matter," Varano said.

She said the town's cost is, specifically, $250,000 in legal expenses, which have already been spent.

"It's important to emphasize that this settlement represents a negotiated resolution of disputed claims and does not constitute an admission of liability or wrongdoing by the town, the board of education, or any of their employees," Varano said.

She said, "While the town believes it has significant factual and legal defenses, litigation always carries uncertainty."

Going to trial, Varano said, could have the town face a ruling larger than the approved amount it is insured for, further impacting taxpayers.

The settlement resolves the civil claims against the town and school district without a trial.

From April 5, 2023: 'Parents Sue West Hartford Schools After Son's 2022 Death'