Page 1 of 2 12 LastLast
Results 1 to 10 of 13

Thread: Two 10 year olds named in lawsuit for breaking classmates arm

  1. #1
    HI! Wise Old Goat's Avatar
    Join Date
    Jan 2007
    Location
    within a mile of home
    Posts
    50,295
    Rep Power
    435432

    Two 10 year olds named in lawsuit for breaking classmates arm

    Two kids pushed a kid on the ice (two years ago) and he broke his arm. The mother of the injured child had to take time off work to care for her son and she's now suing the school board and two 10 year olds.

    Legitimate lawsuit? This is in Canada so there are no medical bills involved in the broken arm (but perhaps medical bills for things like physio which wouldn't be covered).

    https://www.thestar.com/yourtoronto/...o-lawsuit.html

    The kids suffered no school discipline at the time of the incident.

  2. #2
    Wishes reality was like comic books tpatt100's Avatar
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    39,811
    Rep Power
    462398

    Two 10 year olds named in lawsuit for breaking classmates arm

    I think there should have been disciplinary actions taken but I don't see the point of a lawsuit

    Edit ok it's for insurance reasons

    One of the children was interviewed by his familyís insurance adjustor this summer after notice that the school boardís insurer had filed a cross-claim for damages against both kids. He was asked to recall events from more than two years earlier.

    The other mother said her family does not have liability coverage.

    Experts in insurance law say although the action may seem shocking to many, naming minors in lawsuits is not uncommon and is usually aimed at triggering a parentís insurance policy to cover costs of a settlement.
    Opportunities are usually disguised as hard work, so most people don't recognize them.


    Ann Landers

  3. #3
    Non-praying member Mamapalooza's Avatar
    Join Date
    Dec 2007
    Location
    The British Columbia
    Posts
    20,907
    Rep Power
    249490
    Looks like the lawsuit was intended to trigger the parents' homeowner insurance which isn't unreasonable if the mom had to miss work to care for the boy. The school bears some responsibility if it knew of this "game" and let it continue,or if supervision was lacking. Accidents happen but this was not an accident. I don't think a broken arm is worth $600k however.
    "Wherever in the world much poverty is found, much religion is found also"

  4. #4
    argh Nansel's Avatar
    Join Date
    Jan 2007
    Location
    Canuckistan
    Posts
    25,575
    Rep Power
    295706
    I read the article and I'm still not sure what exactly is happening with the lawsuits. How the heck is the mom figuring they're entitled to $600,000. That's a lot of wages and physio. And that sort of stuff is what I was under the impression you can sue for in Canada. The kid wasn't permanently disabled, so the medical costs would be very limited.

    I had a friend get sued by another friend a few years ago, but it was just because the person who injured herself was forced to by her insurance company, to reimburse them for the physio costs. It was a small amount of money (but a massive amount of drama! I'd have just paid for my own physio to avoid putting a friend through all that...)

  5. #5
    Moderator purplekitty's Avatar
    Join Date
    Jan 2007
    Location
    Upstate New York
    Posts
    85,707
    Rep Power
    652088
    ETA: I just read what they kids were doing. This is not just a game.

    The statement of claim in this case alleges that on that March day in 2015, the two kids had been going around the schoolyard pushing other children. When they approached the boy, he told them he didnít want to be pushed, but they did it anyway. The fall broke his upper arm.

    In an interview, the mother of one of the kids described it as ďa gameĒ among students in which one person crouches behind the victim, and another one pushes them, sending them falling backward. Both parents said their children had not intended to cause harm. When it became apparent the boy was hurt, the boy involved in the pushing helped take him to the school office, his mother said.
    I revise my original thought. Lawsuit is appropriate. This wasn't a game. This was an assault. (Assuming the description is what the kids were actually doing.)

  6. #6
    HI! Wise Old Goat's Avatar
    Join Date
    Jan 2007
    Location
    within a mile of home
    Posts
    50,295
    Rep Power
    435432
    No it wasn't a game - it was mean spirited - but there were no school consequences and clearly not enough playground supervision. I don't necessarily see the lawsuit against the school board as wrong due to the aforementioned lack of supervision - but suing 10 year olds isn't appropriate IMO. And $600k is ludicrous.

  7. #7
    My Happily Ever After. <3 lilone's Avatar
    Join Date
    Jan 2007
    Location
    Edmonton, AB
    Posts
    12,713
    Rep Power
    218588
    Part of me thinks that the school assumed all liability when they didn't hold the 2 boys accountable.
    ~Vicki~

    Moving right along....

  8. #8
    My Happily Ever After. <3 lilone's Avatar
    Join Date
    Jan 2007
    Location
    Edmonton, AB
    Posts
    12,713
    Rep Power
    218588
    Can't quote WoG bit it is common practice to overinflate statements of claim. Mine for my accident was 100K. Leaves lots of negotiation room among other reasons. There is no way that mom will get $600k. She might get enough to cover post secondary tuition though if she's smart and the school board settles.
    ~Vicki~

    Moving right along....

  9. #9
    Premier Sponsor
    Join Date
    Jan 2007
    Posts
    33,950
    Rep Power
    403207
    The parent who is trying to minimize her son's actions by describing this as a "game" needs the frozen halibut of reality. As long as she keeps telling her kid this was a game, her kid is not going to learn assault is wrong.
    "You can bomb the world to pieces, but you can't bomb it into peace."



    Countdown the the End of An Error

  10. #10
    Moderator purplekitty's Avatar
    Join Date
    Jan 2007
    Location
    Upstate New York
    Posts
    85,707
    Rep Power
    652088
    Quote Originally Posted by Wise Old Goat View Post
    No it wasn't a game - it was mean spirited - but there were no school consequences and clearly not enough playground supervision. I don't necessarily see the lawsuit against the school board as wrong due to the aforementioned lack of supervision - but suing 10 year olds isn't appropriate IMO. And $600k is ludicrous.
    I don't think suing 10 years olds isn't appropriate, necessarily. It sounds like that's the only way to legally sue the family based on what the article says and if that's the case, it's totally appropriate.

    Going for a high award is not unusual.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •