High School Football Player's Bullying Becomes $10,000 Liability for Parents
by
Joseph C. Maya on Apr. 07, 2017
Other Education Criminal Juvenile Law Accident & Injury Personal Injury
Summary: Blog post about a case of bullying where the bully and his parents were held liable for over $10,000.
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 Albert v. Kelly, a high school student sued a high school football team for injuries that resulted from being bullied and harassed. He alleged: (1) negligence and assault claims; (2) requests for compensatory and punitive damages; and (3) requests for the parents' joint and several liability under Connecticut law.
The student was allegedly injured when the player assaulted him in a bullying incident that was not precipitated in any way by the student. The player and the parents defaulted on the liability portion of the trial and a hearing was held on damages. The student and the mother testified and presented documentary evidence that included medical reports and bills, and photographs of the injury and scarring sustained by the student. The student testified that he was humiliated by the incident and he thereafter quit the football team because of the teasing he received. The court awarded economic damages reflected by the medical bills and non-economic damages against the player. The court also awarded punitive damages as attorney fees related to the wilful assault claim against the player. Finally, the court found that the parents were jointly and severally liable under Connecticut law and policy for the player's wilful or malicious injury to the student because the player was an unemancipated minor. Therefore, the parents were made jointly and severally liable for a portion of the judgment against the player.
The court awarded economic damages for medical bills, non-economic damages, exemplary damages in the amount of attorney fees, and joint and several liability against the parents as to a portion of the damages. The court denied the request for punitive or exemplary damages from the parents. The student was awarded $ 10,456.58 as compensation for the injuries caused by the bullying.
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: Albert v. Kelly, 2005 Conn. Super. LEXIS 2403, 2005 WL 2435898 (Conn. Super. Ct. Sept. 12, 2005)
