A St. Charles parent has filed a lawsuit against St. Charles School District 303 and another student's parents after she said her son was injured as a result of being allowed to play near a boy that had bullied him.

A woman and her son are listed as plaintiffs in the lawsuit, which seeks damages in excess of $50,000 for an alleged incident on Oct. 16, 2012. The district, a child and his parents are listed as defendants in the suit.

According to the complaint filed on Oct. 31, the plaintiff's son was subjected to "bullying acts" by another student at Davis Primary School.

On Oct. 16, 2012, the complaint says, the two students were let out for supervised recess together and the defendants' son "did strike (the plaintiff's son) causing him to fall and injure himself."

The plaintiff refused comment via a social media message and her attorney did not return calls seeking comment. The parents named as defendants in the suit could not be reached.

The lawsuit says the district "knew of the bullying acts" and had determined that "the best way to prevent further bullying acts" was to ensure the two children were "separated at all times while they were on school property."

"The school was to inform all personnel of the policy orally and in writing," the complaint states.

The lawsuit also says that meetings were held among district staff and the families to inform them of this policy.

The complaint alleges the district failed to prevent the student accused of bullying from coming into contact with the plaintiff's son and "failed to ensure that all staff received notification" of the policy to keep the two apart.

District 303 Superintendent Don Schlomann said that while he was not aware of any bullying prior to the lawsuit being filed, he did know about the injury that took place in 2012.

"My understanding is that both boys were at the top of the slide and the one boy pushed the student down the slide to make him go faster," Schlomann said. "The student at the bottom fell awkwardly and broke his arm – that's my understanding."

Schlomann said allegations of bullying were not brought to his office and that he never heard from the mother or anyone else in the lawsuit about the situation.

He added that he was not privy to any discussions between staff and the two families at the time of the alleged bullying acts.

The lawsuit did not elaborate on what the alleged bullying leading up to the incident entailed.

"The attorney is calling it bullying. I've not made that conclusion yet, but legal counsel for the mom has made that conclusion," Schlomann said. "I know the one side of the story ... I've not heard mom's perspective."

The new lawsuit comes as the district continues to face two other suits surrounding the 2011 merger of Davis and Richmond Elementary schools.

According to district spokesman Jim Blaney, the district paid $330,037.80 in legal fees through Sept. 30 fighting the first lawsuit, which was filed in 2011 and currently faces an appeal.

The other lawsuit, which seeks monetary damages associated with the merger, was filed last month.

A case management conference for the suit filed on Oct. 31 has been scheduled for the Kane County Courthouse on Third Street in Geneva on Jan. 16 at 9 a.m.

sbaer@tribune.com

Twitter @skbaer