Family Of Boy Killed At Franconia School To Sue: Report

The family of the third-grader who died in an accident inside Franconia Elementary School plans to sue Fairfax County Public Schools.

NBC4 first reported the family's intent, sent by a lawyer to officials. According to documents, the family alleges the adults in the room "acted with negligence" when Wesley Lipicky, 9, died. The documents also claim a child should not have been operating the wall.

Lipicky died after he was crushed by a room partition in the gym during the School Age Child Care program, according to Fairfax County Police. When the boy and a teacher pressed a button to open a large, motorized room partition that splits the room, the boy was caught between the partition and a wall. He suffered traumatic head injuries and was pronounced dead at a hospital.

An autopsy ruled the death accidental. No charges were placed.

FCPS changed the policy of operating the walls after the incident. Only certain staff can operate the walls when there aren't children around.

Image via GoFundMe account for Wesley Lipicky