GWINN — The Michigan Supreme Court has overturned a decision and reinstated a lawsuit by the family of a 4-year-old girl who was accidentally killed at Gwinn High School in 2015.

Civil immunity can apply to schools under personal-injury law. But the Supreme Court, in a 4-3 order, said there still are questions of fact about the incident regarding the public-building exemption to governmental immunity to be sorted out in Marquette County’s 25th Circuit Court.

Amarah Filizetti, the daughter of a cheerleading coach, died when a 325-pound panel fell on her at the school. Staff were putting the panel in place to shield a portable stage in the gymnasium.

A lawsuit had been filed by the girl’s family against Gwinn Area Community Schools as well as West Educational Leasing Inc., doing business as Professional Contract Management Inc.; Gwinn Area Cleaning and Maintenance Inc.; and GACS Athletic Director Robert Soyring and former GACS Director of Finance and Human Resources Anthony “AJ” Filizetti — who is no relation to Amarah Filizetti — and former maintenance worker Tracy Belusar.

According to court documents, on Sept. 3, 2015, two wooden panels weighing 325 pounds each were to be installed in the gym where cheerleading practice was being held. The panels were placed against the wall.

Belusar tested the stability of the panels and found the panels did not fall, with Anthony Filizetti believing the panels were stable as positioned.

Belusar told him she had to retrieve tools and would ask another employee to help her reinstall the panels, while Anthony Filizetti said he would be in his office if she needed help.

Soyring walked through the gym at around 9:30 a.m. and saw cheerleaders practicing, but did not see any children. However, Stacey Filizetti, the cheerleading coach at the time, brought her three 4-year-old daughters to practice with her, noting she did not see the panels being wheeled into the gym.

She sent her children to play at the north end of the gym when cheerleaders began to practice stunts at around 10 a.m., with the panels still leaning against the wall. As the children were in the north end of the gym, one of panels fell on top of Amarah Filizetti, who died from her injuries the next day.

The Court of Appeals had ruled in the school district’s favor and dismissed the lawsuit, saying the panel wasn’t part of a building defect. However, the Supreme Court disagreed.

“When the panel fell, it had been leaned at an angle against a gym wall, instead of being secured to the wall and floor, as was its original and normal state,” the court said Wednesday. “A reasonable jury could conclude that this constituted a ‘dangerous or defective condition.’

“The record suggests that both school officials and maintenance staff knew that, for the safety of the gym’s users, the panels needed to be returned to their normal state by being reattached and bolted to the wall and floor — rather than leaning them against a wall. Thus, resecuring the panels to the wall and floor was part of the school’s duty to repair and maintain the building.”

GACS Superintendent Brandon Bruce on Friday said he has no comment on the case at this time.

Christie Mastric can be reached at 906-228-2500, ext. 250. Her email address is cbleck@miningjournal.net.