Personal Injury Trial Pits Special Needs Student Against School District

School District fails to train chaperone of special needs child. Chaperone assaults special needs child causing personal injury and emotional trauma. Chaperone resigns. School District fights the family about how much money will make up for the horrifying event.

Please accept my apologies in advance for sharing a story so early in the morning that may give you a heavy heart all day:

Personal Injury School District Lawsuit

A child has special needs. The school district acknowledges he needs an Individualized Education Plan – extra help. That includes a chaperone when he’s riding the bus to and from school. The school district offers the chaperone little if any training about how to be a chaperone on a bus.

One day, the chaperone and the student have a disagreement – maybe. The chaperone asks the student a question, the student doesn’t respond. The chaperone gets agitated and puts his face within inches of the student’s. The student (a) nudges the chaperone’s face away with his head (so say the parents) or (b) head butts the chaperone (so says the School District).

The chaperone proceeds to force the students head between his knees. The student protests the pain. The chaperone holds the students neck and pins his head against the bus window for the remainder of the ride home.

The bus rear-view video captured the entire sequence of events. The chaperone resigns. The parents sue. The District defends. The key issue? Did the boy suffer brain damage – how can doctors tell when the boy was already special needs?

Clovis Unified School District, this is not the right personal injury case to “put a Plaintiff to its proof” or “play the odds with a conservative jury.” You did wrong, and you owe this family a lot of money to make up for this boy’s trauma, which he’ll carry with him for life, regardless of the fine details of his neuropsychological testing. See the forest for the trees. The jury will. Putting this family through a trial adds insult to injury: trials may be ho-hum for you, but they’re terribly stressful for regular people. You can still make this right “on the courthouse steps.” So do that.

LEAVE A COMMENT

READY TO START THE CONVERSATION?

WE'RE HERE (206) 257-6556