Jury Awards Student $40K for Scissor Injury

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A New Haven student who received a permanent facial injury when he was 11 years old was awarded more than $40,000 after a Superior Court judge found one of the city’s magnet schools was negligent.

On March 19, 2013, Anthony Martinez arrived at the Engineering Science University Magnet School and headed to the auditorium to have his breakfast as he did every morning, according to court documents. Scott Stewart was the teacher on duty and was charged with watching over 70 to 75 students before they headed off to class. But 10 minutes before school was to start, another teacher, identified in court documents as Miss Campbell, was chasing after two students. She was running with a pair of safety scissors in her hand, which she dropped in the chaos.

Martinez was hurt just outside the auditorium when he and another student went down to pick up the scissors at the same time and the other student picked them up with the blades open, court documents show. Martinez was cut on his cheek.

He was taken to Yale-New Haven Hospital. He still has a scar from the injury. Martinez met with a plastic surgeon, who told his parents that surgery could reduce the scar, but not entirely remove it.

Martinez’s parents sued New Haven and its Board of Education, claiming their negligence caused Anthony’s injury. He was awarded $40,814 to cover medical costs and future pain and suffering.

“The court further finds that the harm which the plaintiff was exposed to was foreseeable and a duty was imposed on Mr. Stewart to supervise students and to act immediately to prevent the harm,” wrote New Haven Superior Court Judge Salvatore Agati in his Jan. 4 decision.

Martinez family was represented by Terrence Wynne of Bridgeport, who could not be reached for comment.

The decision was appealed on Jan. 8, according to Audrey Kramer, assistant corporation counsel for New Haven. The trial took place in a single day, Kramer said.

Kramer said the city believes the incident was merely an accident and the teacher on duty did not even know something was amiss that could have caused harm. The city argued that Martinez did not meet the standards needed to prove that it was apparent to the teacher that a student could be in a situation where her or she could get hurt. Because the teacher did not know the students were running about and scissors were dropped, the city argued there’s no way he could have known imminent harm was possible.

The city presented both teachers involved in the incident as witnesses. It called no expert witnesses.

Before trial the plaintiffs had requested a “six-figure” settlement, according to Kramer, but it was denied because the city was confident in its case.

Kramer said the city’s appeal will rely on its belief that it is protected by governmental immunity, and the incident was strictly an accident and not one caused by negligence on the part of the teachers.

“That was our whole theory,” Kramer said. “It was an accident.”

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: CT Law Tribune