A former Wenatchee High School student has filed a lawsuit against Wenatchee School District and Trinity Inflatables for a fractured vertebra he suffered at the 2013 graduation party, hosted by WHS parents in the main gym.

Austin Bernstein, a 2013 graduate, filed Jan. 20 in Chelan County Superior Court, alleging negligence against the district and Trinity Inflatables, owned and operated by Shane and Sarah Rinker of Cashmere.

Trinity Inflatables “owed a duty to provide reasonably safe equipment and activities to Austin Bernstein,” the complaint said. Further, Wenatchee School District “owed a duty to Austin Bernstein to provide a reasonably safe environment for the graduation party held on their premises.”

In Wenatchee School District’s response filed March 25, attorney for the district Jerry Moberg claims that the party was not sponsored by WHS or Wenatchee School District — it was parent-sponsored at the time. The party is still parent-teacher organized, but now falls closely under the district’s guidelines and is “school-sponsored,” Wenatchee School District Director of Risk Management and Safety Adam Bergstrom said.

Bergstrom said school-sponsored means the party is now under control of the WHS administration for supervision and discipline. He said guidelines similar to what WHS Principal Bob Celebrezze set forth in December for student dances will be in effect.

The party doesn’t receive financial support from the school, and parents work to secure donations from senior families and local businesses, senior class adviser Brandon Harle said.

The district called Bernstein’s lawsuit “frivolous” in its March 25 response.

“The duty claimed to be owed by defendant is a public duty owed to all and cannot be the basis for a negligence claim against the municipal defendant,” Moberg wrote.

Bernstein participated in an obstacle course on the inflatable toys, called the “Adrenaline Rush,” after graduating in the Apple Bowl on June 7, 2013. During that activity, the complaint says Bernstein “tripped and fell, causing his head and chin to be pushed toward his chest. Austin heard a loud crack in his neck. He did not know it at the time, but Austin had sustained fractures to the vertebra of his neck.”

After injuring himself, Bernstein exited the inflatable obstacle course and told a party chaperone of his injuries, who “did nothing.” Later, another chaperone gave him an ice pack.

The next day, Bernstein went to the Central Washington Hospital emergency room, and was later rushed to Harborview Medical Center, where he was diagnosed with a fractured vertebra, the complaint said.

Bergstrom said he has worked on recommendations for briefing adult volunteers of their duties as chaperones and supervisors of the party.

The complaint said Bernstein’s fracture has since healed, but that he continues to suffer from pain and disability.

In a response filed Feb. 20 by Trinity Inflatables, it denied any wrongdoing to cause Bernstein’s injuries. Trinity Inflatables’ response also contests that Bernstein “was comparatively negligent and his damages should be reduced or barred in proportion to his own comparative fault.”

Bernstein also assumed the risk of any injuries and damages alleged in this lawsuit, the response from Trinity Inflatables said. It also said that Bernstein waived the right to assert a claim against Trinity Inflatables.

Wenatchee School District and Trinity Inflatables hope for the claim to be dismissed and for attorney fees to be awarded. A jury was requested by the district on March 25, but no trial date has been set. The matter could also be dismissed if settled out of court.

As for inflatables at this year’s graduation party, Bergstrom said they are not “off the table,” and that lead party organizer Jodi Murray is working with ASB Bookkeeper Tami Walters to secure a company to provide such services.

He said there are two or three prospective companies, but he “doesn’t believe” Trinity Inflatables is one of the options, because the district is looking at other options, due to the pending litigation.

Murray said the committee hopes to book an “entertainment company” very soon — perhaps by the end of the month. The committee will submit a proposal to Walters, which will have to be approved by the school board, Murray said.

“We want to have a fun night for our seniors,” Murray said.