More than a year after a 7-year-old boy was struck and killed when a 108-pound bench fell from the wall of an elementary school gymnasium, the family has decided to file a $10 million lawsuit again the school district and other parties in New Milford, reported.

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On the evening of Jan. 7, 2015, Brendan Jordan was waiting for soccer practice to start in the gymnasium at Berkeley Elementary school, when a bench that was being stored vertically against a wall of the gym came loose. Witnesses say the bench struck the child on the side of his head. Following resuscitation efforts by a coach and an off-duty police officer who were both present at the time, Brendan was taken to a hospital, where he was pronounced dead at 7:30 p.m., the article states.

An investigation into the incident by the New Milford Police Department revealed that a “dead bolt locking mechanism” on the bench wasn't secured and the backup latch was missing, reported.

In the lawsuit filed in Superior Court last week, the family accuses the janitor, board of education, borough, police department, recreation department and the school district iteself of negligence and failure to supervise the children.

According to the article, the lawsuit also states that the family suffered emotional distress following the child's death. The family has requested that the case be heard by a jury.

Toniann Antonelli is a social content producer for NJ 101.5. She can be reached at, or on Twitter @ToniRadio1015.