Court Holds Town Accountable for Injury Caused By Student Bullying
by
Joseph C. Maya on Apr. 28, 2017
Other Education Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog post about a case where a town was held liable for the actions of a school bully because the doctrine of governmental immunity was not applicable.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Esposito v. Town of Bethany, a student sued the Town of Bethany and a fellow student, alleging that the fellow student injured her and that the town was negligent for failing to supervise. In law, negligence is the failure to use reasonable care, resulting in damage or injury to another. In order to succeed in this claim, the student must prove that (1) the town owed a duty of care to the student, (2) the town breached that duty and, (3) the breach of duty was a direct cause of the student’s (4) real and compensable injury.
The student alleged she was severely injured when a fellow student threw a ball at her head during recess. Connecticut law had adopted an anti-bullying policy two years before the incident. The student reported to teachers that she was being repeatedly bullied by the other student. The town moved for summary judgment, because governmental immunity insulated them from claims of negligence. Governmental immunity is the legal protection afforded a state and its agents, which protects them from liability for their actions, so long as such actions remain within the scope of the state's duty.
The court did not agree that immunity applied in this circumstance. The student was entitled to exemption for governmental immunity, because the student was an identifiable and foreseeable victim as a student required to attend school during school hours. Connecticut has initiated specific laws to prevent this type of injury from happening. Additionally, the school recognized that the student was being bullied, because it specifically put her and the other student in separate classes as a response to the student’s complaint.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Esposito v. Town of Bethany, 2010 Conn. Super. LEXIS 1050 (May 3, 2010)
