DALLAS – A North Texas dad claims a climbing gym's negligence may leave his son with a permanent injury — an allegation he is now taking to court.
According to Clayton Greenberg, his 7-year-old son, Cope, cracked his elbow at the growth plate in January 2014 when he fell from a slide.
"The fear is in the future - that unknown - and because of where it broke, on the growth plate, we will not know what happens until he is full age," Greenberg said.
In January of last year, he and his son were at a birthday party at the Summit Climbing Gym off Forest Lane in North Dallas. Greenberg claims on that day in 2014, the gym was under-staffed and says several of the dads visiting were put to work.
"I was a little surprised that they asked us to do something like that with absolutely no experience," Greenberg said.
He says Cope was unsupervised when he took a nasty spill off the slide.
"I flew off a few inches of feet, and um, I heard a pop," Cope told News 8. "I fell on my left arm, and just cried really hard."
The injury required orthopedic surgery. Two pins were placed in Cope's arm.
The Greenberg family wants the gym to cover medical expenses, but they say a year has passed and they have yet to reach a settlement.
So Clayton Greenberg said he has no choice but to file a lawsuit.
In the suit, he claims his son's injury was brought about by Summit Climbing Gym's negligence.
"We have no comment, because there is pending litigation and feel it's inappropriate for Mr. Greenberg to be soliciting media coverage," said Jennifer Aufricht, an attorney representing Summit Climbing.
But Greenberg doesn't see it that way.
"I wasn't given the opportunity to watch my son the entire time," he said. "I would caution against any sort of planned activity where you are expected to work."
Greenberg says his son may look fine today, but he fears what the future may hold.