Claim Denied for Family of Bentonville Boy Killed by Soccer Goal
By: Matt Turner, KNWA - Fayetteville, Fort Smith
Updated: January 19, 2012
A three-million-dollar claim involving the accidental death of a
9-year-old boy from Bentonville has been denied by a state agency.
That decision was made almost one year after Jonathan Nelson was killed outside a Bentonville elementary school when a soccer goal fell on top of him.
Shortly after his death in January of 2011, Jonathan's parents began looking for ways to make sure the same thing never happens to another child.
"We decided as a family that we would try to pass, or get legislation passed, to ensure that all soccer goals in the state of Arkansas had to be anchored," said Jonathan's Dad, Nathan Nelson.
After being approved by the state house of representatives, "Jonathan's Law" was met with strong opposition by parks and recreation officials along with the Arkansas Soccer Association. Nelson says both groups campaigned against the bill because it would result in widespread and expensive changes.
"It would require them to follow some standards that they didn't want to follow such as not being able to use goals that are homemade," Nelson said.
The proposal also featured civil and criminal penalities but that language was eventually removed allowing the bill to be signed into law by Governor Mike Beebe.
But Nelson isn't satisfied. He says without any form of punishment for not anchoring soccer goals, the law isn't worth the paper it's written on. That's why he and his wife continued their fight only to run out of options after running into something called sovereign immunity that protects state agencies.
"Basically they're not responsible and they can't be held accountable for anything that occurs on state property with state equipment," Nelson said.
In response, Nelson filed a three million dollar claim with the Arkansas Claims Commission as compensation for Jonathan's death. But that claim was denied Tuesday, causing the Nelson family to feel like nothing has truly been accomplished and no one is held accountable.
"There was a state agency that inspected the grounds, supposedly, and still our son isn't here," Nelson said.
When asked about the decision to deny the claim -- the Director of the Arkansas Claims Commission Norman Hodges would only say, "The commission's order speaks for itself".
According to Nelson's attorney, the family plans to keep the issue alive by filing an appeal.
That decision was made almost one year after Jonathan Nelson was killed outside a Bentonville elementary school when a soccer goal fell on top of him.
Shortly after his death in January of 2011, Jonathan's parents began looking for ways to make sure the same thing never happens to another child.
"We decided as a family that we would try to pass, or get legislation passed, to ensure that all soccer goals in the state of Arkansas had to be anchored," said Jonathan's Dad, Nathan Nelson.
After being approved by the state house of representatives, "Jonathan's Law" was met with strong opposition by parks and recreation officials along with the Arkansas Soccer Association. Nelson says both groups campaigned against the bill because it would result in widespread and expensive changes.
"It would require them to follow some standards that they didn't want to follow such as not being able to use goals that are homemade," Nelson said.
The proposal also featured civil and criminal penalities but that language was eventually removed allowing the bill to be signed into law by Governor Mike Beebe.
But Nelson isn't satisfied. He says without any form of punishment for not anchoring soccer goals, the law isn't worth the paper it's written on. That's why he and his wife continued their fight only to run out of options after running into something called sovereign immunity that protects state agencies.
"Basically they're not responsible and they can't be held accountable for anything that occurs on state property with state equipment," Nelson said.
In response, Nelson filed a three million dollar claim with the Arkansas Claims Commission as compensation for Jonathan's death. But that claim was denied Tuesday, causing the Nelson family to feel like nothing has truly been accomplished and no one is held accountable.
"There was a state agency that inspected the grounds, supposedly, and still our son isn't here," Nelson said.
When asked about the decision to deny the claim -- the Director of the Arkansas Claims Commission Norman Hodges would only say, "The commission's order speaks for itself".
According to Nelson's attorney, the family plans to keep the issue alive by filing an appeal.
