Meilani Schijvens has applied for the Assembly seat being opened by Jesse Kiehl on Monday, Dec. 10, 2018. (Michael Penn | Juneau Empire)

Meilani Schijvens has applied for the Assembly seat being opened by Jesse Kiehl on Monday, Dec. 10, 2018. (Michael Penn | Juneau Empire)

Candidate for Assembly part of quarter million settlement with the city

Family sued Juneau School District over child’s injury

One of the candidates for an open City and Borough of Juneau Assembly seat previously sued the city and was subsequently awarded over a quarter million dollar settlement.

Meilani Schijvens, one of three to apply for the Assembly District 1 seat that will be vacated by Jesse Kiehl in January, was a part of a family that received a $275,000 settlement from the city in July.

CBJ settled out of court with Meilani and her husband, Sander Schijvens, after their son was injured playing soccer during a physical education class in September 2016. The injury caused the then-fourth grader to suffer a concussion and was permanently blinded in one eye, according to court documents.

Municipal Attorney Robert Palmer said it was a large settlement compared to anything in the recent years and that the city did not admit any liability or wrongdoing.

“It’s a tough case anytime a child is involved in a lawsuit,” said Palmer. “But the Assembly at the time thought that amount of money was a fair way to avoid the expense of a trial. Part of it’s a business decision.”

The Schijvens filed the lawsuit in January 2018 seeking compensation for damages, claiming that the physical education teacher “lacked sufficient knowledge and training to avoid a foreseeable and preventable injury,” court documents said.

Arguments for the family claimed that the school district was negligent because this indoor soccer scrimmage was “the wrong activity, in the wrong location, with the wrong equipment.” They were using an outdoor soccer ball indoors when the injury occurred.

The school district disagreed, saying there was no established standard of care requiring use of an “indoor” ball instead of an “outdoor” ball. They also argued that youth soccer programs in Alaska routinely play in school gyms and that “this accident could have just as easily occurred outside or inside with an ‘indoor’ ball,” according to court documents.

Both parties attempted to resolve the issue through supervised mediation prior to the filing of the complaint. These talks were not successful in resolving the matter, so the family filed a formal lawsuit.

“The Juneau School District admits no fault — there was no fault,” said Clay Keene, a Ketchikan based attorney who defended the city in the case to the press. “The decision to settle this matter was a business decision on the part of the district and the CBJ. The parties worked very hard to come to a fair resolution of an extremely emotional-type case.”

When asked Thursday to comment on whether the lawsuit will affect her candidacy, Schijvens declined to comment. Schijvens is a lifelong Juneau resident, and the founder and director of Rain Coast Data, a Southeast Alaska firm specializing in economic development, research, analysis and publications.

Two other candidates have applied for the soon-to-be-open Assembly seat: former Assembly member Kate Troll and Theresa Yvette Soutiere, a private practice attorney and former public defender for Alaska. Since Jesse Kiehl will vacate his seat in January to go work in the Alaska Senate, CBJ code requires that the candidate be selected by majority vote of the Assembly, rather than an election.

In the lawsuit, one of the defenses the school district’s attorney planned to use involved “discretionary function immunity,” which would relate to a teacher’s immunity from from situations where employees are carrying out governmental or regulatory duties. For instance, a physical education teacher who instructs students to play soccer, a game that is part of a curriculum adopted by the Juneau School District School Board and many curricula across the country.

While the case was pending, the Alaska Supreme Court issued a decision titled Lane v. City & Borough of Juneau, which substantially altered the way this immunity statute could be used.

“Presumably, the School District evaluated the costs of defense, the range of potential outcomes, the evolving Alaska Supreme Court precedent, and other factors important to it, and it was comfortable that the settlement was fair,” wrote the family’s attorney, Matthew Singer, in the petition for settlement.

Holland & Knight, the attorneys for the Schijvens family, requested to keep the case sealed, but the court denied the request saying in the decision that it wasn’t necessary or appropriate under law as it would not pose risk to their son’s privacy rights and interests.

Meilani and Sander Schijvens agreed not to use the money for any past out-of-pocket medical expenses and that all of the money from the settlement would be used for a trust for their son to use in adulthood once he turns 18, according to the petition for settlement.

“[The] parents both felt strongly about finding a fair compromise with the District,” said Singer in the petition for settlement. “They wanted to see that their son received adequate recovery for his injury, but did not want to be punitive towards a school district that they care about and which is providing a good education to their children.”


• Contact reporter Mollie Barnes at mbarnes@juneauempire.com or 523-2228.


More in News

(Juneau E
Aurora forecast for the week of Nov. 27

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

A bit of a sun break as seen from the John Muir Cabin, submitted on Dec. 6. (Photo by Deborah Rudis)
Wild Shots

To showcase our readers’ work to the widest possible audience, Wild Shots… Continue reading

The Southeast Alaska village of Metlakatla. (Photo courtesy of the Alaska Department of Transportation and Public Facilities)
Biden administration could wade into lawsuit over Southeast Alaska tribal fishing rights

The Biden administration could jump into a high-profile lawsuit involving a Southeast… Continue reading

The gates are locked at the Pipeline Skate Park at midday Thursday, after Juneau’s Parks and Recreation Department announced the facility will be open limited hours until further notice due to an increase in vandalism and drug paraphernalia. (Mark Sabbatini / Juneau Empire)
City: Pipeline Skate Park open reduced hours due to ‘sharp increase’ of vandalism, drug activity

Extra patrols by police and parks staff also planned for facility at Jackie Renninger Park.

A car drives by Mendenhall River Community School on Back Loop Road on Thursday morning. (Mark Sabbatini / Juneau Empire)
Woman, two children struck by vehicle while crossing road near Mendenhall River Community School

Victims in stable condition, initial investigation shows driver not at-fault, according to police.

“The Phantom of the Opera” is screened with a live musical soundtrack at the Gold Town Theater in April. Three of the musicians are scheduled to perform Sunday during two screenings of the 1928 silent film “The Wind.” (Courtesy of Gold Town Theater)
This weekend’s lineup at the Gold Town Theater really blows

Xmas Bazaar Xtravaganza nearly sold out already, but seeing “The Wind” to live music a breeze.

Scant patches of snow remain at the base of Eaglecrest Ski area on Wednesday despite snowmaking efforts that occurred during the weekend, due to warmer temperatures and rain this week. The opening date for the ski area, originally set for Dec. 2 and then delayed until Dec. 9, is now undetermined. (Photo courtesy of Eaglecrest Ski Area)
Eaglecrest opening delayed again, target date now TBD

Warm temperatures and rain thwart efforts to open ski area on Saturday.

Work crews continue removing hundreds of truckloads of debris from Zimovia Highway since the Nov. 20 landslide in Wrangell. (Photo courtesy of the Alaska Department of Transportation and Public Facilities)
Clearing work continues at Wrangell slide; fundraising grows to help families

Juneau, with several thousand pounds of food collected in drive, among many communities assisting.

The front page of the Juneau Empire on Dec. 4, 2005. (Mark Sabbatini / Juneau Empire)
Empire Archives: Juneau’s history for the week of Dec. 10

Three decades of capital city coverage.

Most Read