Family of 9-year-old Fairfax County boy killed by motorized room partition to sue school district

WASHINGTON (FOX 5 DC) - The family of a 9-year-old boy who was killed in a tragic accident inside his Fairfax County school last May plans to sue the school district, according to documents sent to county officials by the family's attorney.

The documents, which were obtained through a Freedom of Information Act request, allege three adults were in the room at the time of third-grader Wesley Lipicky's death and state that they - along with the county - acted with negligence.

Lipicky was helping a teacher operate a motorized room partition inside the gym at Franconia Elementary School when he got caught between the partition and the wall, according to police.

They say he suffered traumatic head injuries and was pronounced dead at the hospital later that night.

The documents written by the family's lawyer say a child never should have been able to operate the "dangerous, deadly" wall and that procedures already in place for operating it were not followed.

Fairfax County Public Schools changed those procedures after Lipicky's death, now only allowing certain people to move the walls when no children are present.

"We want to make sure that those doors are safe for our students and staff," Fairfax County Public Schools Superintendent Scott Brabrand said in May. "It is a tragedy and no parent should have to send their child to school and have happen what happened."

An autopsy determined that Lipicky's death was accidental and no charges were filed.

Attempts to reach the Lipicky family as well as their attorney were not immediately successful.