Muskogee Public Schools is being sued by a couple who say their child was permanently injured last year at Indian Bowl.

The civil suit filed in Muskogee County District Court by Tony and Ronda Fain on behalf of their son, listed as H.R.F., also names as defendants Mackenzie McCall, Clydell and Michelle McCall, parents of Mackenzie McCall.

The lawsuit states that  H.R.F., was “catastrophically and permanently injured during a physical altercation with defendant Mackenzie McCall.”

“In this altercation, the minor child landed on his head, fracturing his neck and causing permanent paralysis,” the lawsuit states.

The court documents state the Fains are seeking more than $75,000, but an exact figure is not listed.

Wendy Burton, spokeswoman for Muskogee Public Schools, said school officials cannot comment on pending litigation.

The McCalls could not be reached for comment.

In a story published in the Muskogee Phoenix on March 8, 2013, Tony Fain said his son, Harley Fain, 16, was dropped on the top of his head. He also said that his son was in a Tulsa hospital following surgery for an injury he suffered at Indian Bowl.

Fain said that the C6 vertebrae in Harley’s neck was crushed and the C5 and C7 vertebrae were fractured.

The lawsuit alleges that:

• The school district failed to supervise its students, particularly McCall, failed to adequately secure and clear the locker room/training facilities and failed to follow protocol regarding student access to the locker room facilities and supervision of students there. Additionally, one or more MPS employees may have physically moved the H.R.F. after he struck his head on the ground, causing further injuries.

•  H.R.F. was injured and damaged when McCall placed his hands on the  H.R.F.’s body and/or clothing, forcing H.R.F. to drop to the ground and land on his head. The lawsuit also states that McCall may have moved  H.R.F. after he struck his head on the ground, causing further injuries.

• McCall’s acts constitute assault and battery upon  H.R.F.

• McCall was under the age of 18 on March 6, 2013, and Clydell and Michelle McCall are liable to the Fains, “as they contributed to the injuries and damages by negligently failing to supervise, guide, teach, instruct, and/or control Mackenzie McCall and his conduct in the community.”

Reach Anita Reding at (918) 684-2903 or areding@muskogeephoenix.com.

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