A two-count lawsuit against the Waterloo Schools District and Waterloo Superintendent of School Brian Charron has been settled out of court, and the remaining litigation has been dismissed.

The lawsuit, filed last September by Monroe County resident Bonnie Schwarze, alleged “willful and wanton conduct” on behalf of the district and Charron led to injuries sustained by Schwarze on Sept. 16, 2023.

The filing alleges the incident occurred as Schwarze was exiting the bleachers near a football field on district-owned property – specifically the Waterloo Junior High School outdoor athletic facility  near  the intersection of Rogers and Hamacher streets.

The suit alleges the school district “recklessly failed to provide an effective protective barrier to prevent people from falling from the bleachers.”

The district announced it had reached a settlement during a May school board meeting. A notice of settlement was filed May 1 in Monroe County Circuit Court.

On June 16, the court officially dismissed Schwarze’s suit “with prejudice, and with no award of costs or attorneys’ fees to any party.”

A related lawsuit in the matter was also dismissed last month. 

In November, the school district filed suit as a “third-party plaintiff” against the Waterloo Sports Association, alleging the organization was liable for damages as Schwarze’s fall occurred following a WSA-organized team practice which was held at the school district’s facility.

Following the settlement, that action was also dismissed with prejudice.

With the county cases dismissed, a complaint for declaratory judgment filed in East St. Louis Division U.S. District Court was also dismissed.

At the time of the incident, the WSA was insured by West Bend Mutual Insurance Company.

The Wisconsin-based insurance company had filed its complaint against Schwarze and the school district, claiming it was not required to recognize either party as an “additional insured.”

While the school district is a designated “additional insured” in the WSA policy,  the company argued the original filing did not allege any wrongdoing on the part of WSA, thereby releasing the insurance company from any responsibility in the matter.

In the filing, West Bend Mutual stated U.S. District Court was the proper venue for the filing as damages sought in the original complaint would have exceeded $75,000.

The complaint for declaratory judgement was dismissed with prejudice on  June 23.