SILVER CREEK — The mother of a 5-year-old is preparing to sue the Silver Creek Central School District over a fall and severe injury the child allegedly suffered on its property.

A petition was filed Jan. 25 in state Supreme Court by Buffalo attorney Joseph L. Nicastro. It states the student was attempting to walk to the bus stand from the elementary school entrance when he fell, “resulting in a traumatic brain injury and emergency surgery to the brain.” The injury happened “on or about December 13, 2018, at approximately 3:24 p.m.”

Nicastro’s filing alleges “negligence, carelessness and/or recklesness” on the part of school district “agents, servants and/or employees” was a substantial factor in causing the accident.

The document is not a lawsuit, but a motion for pre-litigation discovery, seeking various items of evidence from the district. These include:

¯ Any surveillance films or photos taken of the fall, or the scene of it;

¯ Statements and reports related to the mishap;

¯ Any and all communications between the district and the company that installed “the benches on the landscape curbs at or near the area where the incident occured;” and

¯ Copies of work orders, bills and invoices related to purchase and installation of the benches.

Nicastro’s motion asks for a court injunction to direct the Silver Creek School District “to preserve and not alter, dispose of, or destroy any of the information requested herein.”

A message was left with Silver Creek Superintendent Todd Crandall seeking comment, but he was out of the office during the week.