NJ school district pays out settlement for paralyzed student let out on an early dismissal.
Oct 29th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, New Jersey Injury Information, Pennsylvania Injury InformationIn 2001, the Pleasantville School District let school students go early on an unscheduled early dismissal. Unfortunately for one student, he was hit by a car and paralyzed. The case finally settled for $6 million dollars. It is probable that most of the $6 million settlement will go to the cost of care of this boy.
This kind of situation can affect any family. Who should be responsible for school age children when let out of school early?
If the parents or guardians of these children have notice there will be a “half-day”, then the parents or guardians should be responsible for the safety and supervision of their children. This was a different case of an unscheduled early dismissal.
Who should be responsible for the school children in an unscheduled early dismissal? It would make sense for the school to be responsible for their safety at least from the time of the early dismissal until the regular dismissal time. We are talking about minor school students not adults.
I think a court should hold the school district responsible until either the regular dismissal time occurs or the parents or guardians take actual physical custody of the children. Simply notifying the parents with a chain (computer type) phone call would not be sufficient in this situation, as the parents may not be available to take custody of the children.
How do you think a NJ or PA court would rule in this situation?
The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, dangerous products, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
Was this a crossing guard issue?
I can seeif the scholl/teachers let the students out earlier than planned by the schoool, and there were no crossing guards, because they were not notified, then i expect serious consequences for the scholl.
I am not sure. It was not a published case. The case did not even go to trial.
Children should not be let out of school, either if they are walkers, or by bus, if the parents do not know of it. PERIOD. Public or Private schools alike.
Some kids do not have keys to the house. If the parents were due home at 3pm lets say, and had no idea the child was lety out at 11Am. What is the kid going to do for 4 hours. The parent/parents, did not know their kid was on the street for 4 hours either.
I think puniitvie damages should be awared as well, to go beyond a lift time of medical care.
Just for argument sake, 99.9 percent of 10 year old kids may be able to handle being left on the street for 4 hours til there parent gets home, BUT THATS NO REASON FOR THE SCHOOL TO ROLL THE DICE.
Mayny 10 years old kids are not smart, have emotional problems, and even special needs.
YOU CAN NOT ROLL THE DICE LIKE THAT!!
THIS IS REALLY BAD FOR vVNELAND, THEY ARE LUCKY THEY WERE ABLE TO SETTLE.
Did the school let special needs kids out too like this?
It goes beyong bad judgment, it was reckless.
Depraved indifference to human life.
The people that made that decision should be fired.
If the kid was killed, i would have liked to see manslaughter charges against the school.
Jim I agree. But I do not know all the facts involved. There are two sides to every story.
There may be some mitigating facts in this case. If there wasn\’t, why didn\’t this case settle for $50 million?
Cost of care should always be awarded if the defendant is found at fault.
What about this child\’s pain, suffering and future?
This poor child\’s life is ruined due to someone\’s poor decision!
Well, pleasantville is not exactly an affluent community. Also, I would say more than 50 percent of the children live in broken homes.
The plantiffs attorney could have made a mistake here I think.
Also, the immediate medical costs may have overwelmed the family to where they needed to saettle or be out on the street living in a cardboard shack. The citizens of pleasantville are not exactly wealthy.
It was a bad call.
I am supposi8ng this settlement with the school did not include a settlement with the driver of the vehicle?
maybe then can go after the driver as well.
I hope this kid can walk again anmd recover somehow
Just taking in account the possible mid week custody issues as to which parent would be responsible that day, mad it a terribly bad call by the school to endarnger the lives of maybe 1000 children, probably 5-10 with learning disabilities as well.
TERRIBLE DEPRAVED INDIFFERENCE
I AM SURE PLEASNAT VILLE HAS NMORE THAN ONE GRADE SCHOOL TOO.
wE COULD BE TALKING ABOUT 1000.S OF KIDS.
We could be talking about hundreds of 6 and 7 years olds, locked out of their homes, with no way to go.
i remmeber when I was in grade school, and we wer elet out early because of snow, they wouldn’t let us in the bus unless our parents were contacted personaly by the principals office. Thats a fact, at least in the 70′s in freehold Township.
Highschool is a little diffderent. But grade school, this is a whole different area.
There are just too many special needs that need to be considered.
It ghould of been a 50 million dollar settlemnt.
There was a thread on here where a police officer in north jersey did not like that there were children in junior high, out on the street, and took them into custody and back to the school.
Although i arguerd heavily against this act, I THINK THE OFFICER MAY HAVE HAD THE PUBLIC INTREST AT HEART. Although i think he should of handled differently and no arrests have been made.
Assuming is was a snow release, and i have no knowledge it was, did the school really want hundreds of 5, 6 , 7 years olds locked out of there homes for hours, in a snow storm?
A message should have been sent!
Regardless of the actual circumstances of the victim, wheather he had a key to home or not, wheather he had special needs or not, wheather crossing guards were an issue or not, wheather a parent or guardian was at home or not, the plantiff’s attorney should have went for the gold, and sent a message that this community is not going to accept this kind of uncaring act but the school system for each and every student.
I can speak as a kid, but am not a parent.
I remeber one time in my grade schiool memory, that i came home from school, was locked out of the house, and had no where to go, but sit there in worry for hours, hungry, needed to go to bathroom, sick, and just disoriented and worried about my situation.
If I came home from work and found out that my kid had been out in the cold for hours because the school decided to bring him home, i would be fuming, steaming from the ears.
You know what i’m saying?
Back in the 70′s moms were home for the most part, unless they were school taechers, ironic to a degree, lol.
The fact is in today’s society in NJ, parents work, both of em, if you are lucky to have two parents together.
For the kids who do not have parents that can be contacted in a snow storm, where the school has busses ready and bringing kids home, the teachers need to take responsibility, the school system, keep the kids in the school until pARENTS CAN COME HOME, OR HAVE SOME KIND OF ALTERNATIVE PLAN SET. LIKE A NEIGBOR OR SOMETHING.
New Jaersey is mainly a State of communities, and pleasantville is no different in this aspect i feel.
It is not just a failure orf the school system, its a failure of the community to accept responsibilty. The town council, or whatever sywstem they have in place.
We all need to help each other. Come together as a community in these times. This is basic to our way of life.
A 6 million dollar settlement will bearly affect property taxes or cause a change in policy for that matter.
It is a negative reconition of the community if they allow this kind of behavoir to continue.
It is basic, wheaher is it a public or private school, to protect the children.
I do not like that communities have become tolerant of uncaring inexcusable leadership.
I remember when I was a kid, I went to indian guides, cub scouts, little leauge, recreation basketball… I really got a sense of community.
Mr. KONDROP HAD A LOT TO DO WITH THE COMMUNITY.
(republican who held State offices and devote catholic, not that that means anything,)
(iT WAS GOOD WE HAD SOMEONE WHO DEDICATED HIS TIME TO COMMUNITY AND church, being the orator for many years at st rose)
Comunities in NJ today lack the leadership needed to even care about our children, and this case is a prime example of complete dosorientation of leadership!
I do not considered myself a republican or demoract, on any level, community, State, or National.
Some of my views can definitively be considered socisalist, especialy on a national view, other views can be considered conservative, wheather it be on any level.
To me, it matters what is right, what works, for a community, a town, a school didtrict.
Mr. Saile, not for nothing, but weren’t members of the pleasantville school board just indicted on federal rakheterring charges or soething to that effect? you know what i mean, wrongdoing on the basis of kickbacks?
I remebered hearing that, because a relative of mine was just electecd to a north jersey school board.
We need ro protect our childrem on a community level. Period.
Can someone still bring a suit against pleasantville to get them to clean their act up?
MAYBE ITS VINELAND I AM THINKING OF
Maybe Kevin will chime in and tell us a community has not reason to prottect its children.
Lets see
Jim I think you are right. It was Pleasantville School District people…not Vineland.
I say, with the lack of facts and pertinent details of the situatiuon for the unscheduled early dismissal, this case is 100% the school’s responsability and the school should be held liable for the damages. Unless, maybe the school had a bomb threat or anthrax threat, as this is a 2001 case and the terror threats were going on at that time and they could not allow for the children to remain on the premisis??? However, they should have bused them off site or held them in a controlled area until the threat was dismissed, if that was the situation at hand. You cannot sent elementary age students free without parental supervison and without allowing the parents to make arrangements for these young children to be cared for. This is a case of gross negligence on the behalf of the school district anyway you slice it. They are very fortunate more children were not injured, kidnapped, or even killed by their actions. I am glad they had to pay, maybe next time they will know better??