Saying she faced a lack of evidence to rule otherwise, Pitkin County Judge Erin Fernandez-Ely decided in favor of the defendants Wednesday in a small-claims case that stemmed from a playground altercation between two Aspen kindergartners in January 2010.
Parents of a 6-year-old boy were suing parents of another 6-year-old boy to recoup $5,045 in out-of-pocket medical expenses that resulted from a playground incident at Aspen Elementary School. The boy whose parents were defendants admitted that he jumped on the other boy and hurt him, but said he was provoked after his classmate bullied him and shoved snow into his face.
The plaintiff parents, whose son suffered a broken left elbow that required surgery, said their son was running from the other boy and tripped, falling to the icy ground.
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