WESTFIELD, Ind. -- Westfield schools are responding to a lawsuit over a stage collapse that injured more than a dozen students last year.
The school district said the students who were injured in that collapse are responsible for what happened.
The family of Destiny Hoffman filed a lawsuit earlier this month, claiming the school district should pay them damages for lost income and mental anguish as a result of her injuries.
Hoffman was one of the performers in a school musical who was hurt when the stage collapsed during the finale.
Nearly 900 people were gathered to watch more than 100 students and staff perform "American Pie."
The lawsuit says the school corporation didn't properly supervise the employee(s) who built the stage and seeks damages for Destiny's injuries as a result of, "WWSC's negligent behavior and failure to provide a safe environment for the students of WWSC."
The district filed their response on Wednesday, claiming that Hoffman was contributorily negligent, meaning that she contributed to the collapse and therefore is not entitled to any compensation.
But Hoffman's attorney, Tim Stoesz, said the school system is making a stretch.
"To say that you assume the risk because what, you were in a play? Did she know what had happened to the stage? I think that a lawyer was doing their job, but I don't think they put a lot of thought into what the answer said and the consequences of what they are saying. That young lady has to read that," said Stoesz.
Stoesz said he is open to negotiating a settlement f that's what the school wants, otherwise he looks forward to a jury trial.
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