MARQUETTE – A lawsuit has been filed in the Marquette County Circuit Court by the family of 4-year-old Amarah Filizetti, who died Sept. 4 after a wooden partition fell on her while she was playing in the Gwinn High School gymnasium the day before.

The wrongful death claim cites negligence by Gwinn High School, the school’s Business Manager, AJ Filizetti – who is not related to Amarah’s family – and Professional Contract Management Inc. employee Tracy Belusar.

The claim states Gwinn Area Community Schools and PCMI – which serves as the the school’s maintenance provider -as employers of Filizetti and Belusar, respectively, are “vicariously liable” for all injuries and damages caused by their employees’ negligence and gross negligence.

A bystander claim is also included in the lawsuit, outlining emotional damages to members of the Filizetti family. Amarah’s mother, Stacey, and sisters Laila and Melissa, who are now 5, were present at the time of the incident, according to the police report. Stacey Filizetti was coaching a cheerleading practice at the time.

Serving as a personal representative of the estate of Amarah Filizetti is her father, Wayne Filizetti.

According to the family’s attorney, J. Paul Janes of Gruel Mills Nims and Plyman PLLC in Grand Rapids, the wooden structure, which weighed about 325 pounds and was used as part of a “gym wall stage cover” on the gym’s north wall, was not in compliance with school building and safety codes.

The suit alleges the cover, which was designed and constructed in 2010 by the school’s Computer Aided Design and Drafting class, was built with wooden 2x6s, 2x4s, 1x4s and plywood.

According to the Construction of School Buildings Act, referenced in the claim, all walls and partitions within a school are to be constructed with fire-resistant materials only. Janes said the project plans were not submitted to the Bureau of Fire Services for review or approval.

“It baffles logic, why the school and administration failed to see how dangerous this was (from) 2010 to 2015,” Janes said.

The stage wall cover, which Janes said he believes is taken down each year for graduation to allow the stage to be utilized, was allegedly not properly reassembled following the 2015 graduation ceremony.

According to the lawsuit, several employees of Gwinn High School were aware of the potential dangers posed by the exposed brackets the stage wall cover attaches to.

An employee of the school recognized the missing cover created a safety hazard in the gym on May 29, filing a maintenance request that same day, the claim states. A high turnover in school staffing, according to the claim, resulted in the failure to process the work order.

On Sept. 2, the school’s athletic director allegedly emailed a request to AJ Filizetti stating the wooden structure needed to be reattached to the gym wall.

According to witness interviews conducted by police with Belusar and AJ Filizetti after the incident, the two had moved the wooden partitions into the gym during the cheerleading practice, propping them up against the wall in preparation for installation.

After Belusar and AJ Filizetti stepped out of the gym – Belusar reportedly to retrieve additional materials and the help necessary for the installation – one of the partitions fell on Amarah.

In an interview included in the official police report with Belusar, she told police that the incident was “not an accident” but “horrible, horrible negligence.”

Gwinn Area Community Schools officials were served with the lawsuit last Friday, said Superintendant Tom Jayne. The school is being represented by attorney Pete Ryan of Ryan Law in Iron Mountain.

“We’re extremely sorry for everything that occurred that day,” Jayne said. “I’ve spoken to (the family) many times. We are extremely sorry for their loss and it was not intentional. I totally respect what they have to do in their pursuit of justice. I can’t imagine being in their shoes. … I hope there’s some kind of amicable resolution to this.”

Jayne said the school is following the advice of their attorney, and is “going to let the justice system proceed.” He said there are no plans to fire any employees involved in the incident, as he says it was not intentional.

While a specific compensation amount is not outlined in the lawsuit, Filizetti family attorney Janes said it will be upwards of $25,000 – whatever the jury deems appropriate.

“It was a horrific event,” Janes said. “Every person in the gym that day has scarred memories for the rest of their lives.”

No court dates have been set. Janes said the school has until sometime in September to respond to the claim.

Kelsie Thompson’s email address is kthompson@miningjournal.net