A young student that injured himself trying to flee a scary-costumed teacher, is joined by his parents in a personal injury lawsuit that is seeking $100,000 from the city of Taunton, as reported by the Taunton Gazette.
A legal claim filed against the city states that a Taunton high school teacher appeared in a classroom doorway - wearing a mask and holding onto what looked like a chainsaw - on October 29, 2010. Once seeing the man, a student, fearing for his life, tried to run away.
Instead, the boy tripped over a chair breaking a bone and seriously injuring his knee.
Though the chainsaw may have indeed been a toy prop for a seemingly harmless Halloween prank, the student's reaction - and subsequent fall - caused him to require costly surgery. The medical bills the family has incurred will paid with the settlement, if the case is won.
The family's attorney, Thomas Dussault, has sent a letter of presentment to the city.
The presentment is a suggestion that the issue at stake must be solved within six months if the city wishes to avoid litigation.
Dussault said, "My client's parents had significant bills and tried to resolve it with the powers that be, and they did not get any response. We hope to resolve it in an amicable fashion."
The boy's parents, per Dussault, notified the school when the incident occurred.
Mayor C.C. said, "The only thing I can say after consultation with our attorneys is that the city has received a presentment letter outlining an incident that occurred in the School Department, and we cannot reveal the nature of the content involved."
Assistant city solicitor, J.F., said that the city is looking into its insurance to see if damages would be covered if awarded.
Dussault spoke on the boy's behalf, on the retelling of what happened on October 29: "He was in a class at Taunton High School, and there was a knock on the door. He was instructed by the teacher to open the door.
When he opened the door, a teacher was there wearing a mask and holding a chainsaw.
The chainsaw appeared to be running. He said he is not sure whether the chainsaw was real or a toy.
My client was terrified, ran from the scene, fell over a chair and struck his left knee on the floor.
He had a fracture in his knee and had to undergo surgery.
The boy was on crutches for months and had to give up participating in sports he used to play."
It is possible, per Dussault, that the Halloween prank had been carried out at least one other time at the school.
S.C.H., president of the city council, said of the legal action, "
We will, as with every potential litigation, take a very hard look at it and make sure the city has the proper legal tools in place."
Other council members, that claimed to knew few details, refused to comment. Dussault claims that the city has yet to respond but he is still earnest in his desire to handle the case out of court.
If your child has been hurt on school property, contact a personal injury lawyer to discuss your case. You may be awarded monetary compensation for the damages incurred.