VOORHEESVILLE — Kids Club Inc., which provides child care after the school day is over for the Voorheesville Central School District, is being sued by a former program attendee over an incident that occurred seven-and-a-half years ago. 

The complaint, filed on July 10 with the state Supreme Court in Albany County, alleges that at about 5 p.m. on Nov. 22, 2017, the student plaintiff was participating in a Kids Club recreation program at Voorheesville Elementary when he “was caused to fall while playing dodgeball and was repeatedly struck in the head and face with dodgeballs by students standing over him, causing him serious and permanent injuries, all as a result of the negligence of the Defendant herein.”

The complaint’s first cause of action claims Kids Club’s negligence directly caused the incident and the student’s subsequent injuries. And, as the operator and maintainer of the premises at Voorheesville Elementary School, where the program was held, Kids Club was responsible for maintaining a reasonably safe environment for children, including the plaintiff.

Kids Club was negligent in its duty to supervise, control, and maintain its premises, specifically by failing to adequately monitor children's welfare and activities, enforce program rules, uphold safety protocols, and protect the student plaintiff from harm, despite having been notified of the hazardous situation, the suit alleges.

The second cause of action claims Kids Club had a duty to staff its program with competent, trained, and supervised individuals, and to provide comprehensive training to all employees, particularly those in the recreation program, but failed to do so. 

The legal filing claims the student suffered “serious and permanent injuries” as a consequence of the November 2017 [action], and that the student “continues to suffer pain.” 

The complaint seeks monetary damages but does not specify a figure. 

Neither Kids Club, the student-plaintiff’s attorney, nor the Voorheesville Central School District responded to requests for comment.