Teacher suing over alleged attack by Grade 1 student

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario
Teacher suing over alleged attack by Grade 1 student

By QMI Agency

A 220-pound, former college football player turned grade school gym teacher plans to sue New York City over an attack he claims he suffered at the hands of a six-year-old Grade 1 student.
John Webster, 27, a teacher at Queens PS 330, filed a notice of intent to sue the city, and says he sustained a fractured ankle and knee injury when Rodrigo Carpio, 6, attacked him in April, the New York Post reported.
"It's sort of like an angel-devil sort of thing," Webster told the newspaper. "(Rodrigo) looks like an angel, but then, all of a sudden, that halo turns into horns. It's been a nightmare. It's embarrassing. It's humiliating."
Rodrigo's parents scoff at the allegations, the Post reported.
But a school report filed by the principal on April 26 says that Rodrigo "was physically aggressive" and karate-kicked Webster in the knee and ankle.
Webster says he went to see a psychiatrist for stress and now has to wear braces on his right ankle and knee.


Teacher suing over alleged attack by Grade 1 student - Weird News - Canoe.ca


 

captain morgan

Hall of Fame Member
Mar 28, 2009
28,429
146
63
A Mouse Once Bit My Sister
Had the teacher laid a hand on this kid or bruised his frail ego, the parents would be looking to have the guy strung-up and sued the school board for years.

Although I think this instructor's actions are silly and will hurt him more in the long run; where is the responsibility of the family in dealing with their dear little hellion?
 

taxslave

Hall of Fame Member
Nov 25, 2008
36,362
4,337
113
Vancouver Island
I had a few teachers I would have liked to do that to but my parents taught me to respect my elders even when they did not deserve it.
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario
Had the teacher laid a hand on this kid or bruised his frail ego, the parents would be looking to have the guy strung-up and sued the school board for years.

Although I think this instructor's actions are silly and will hurt him more in the long run; where is the responsibility of the family in dealing with their dear little hellion?

Responsibility of the family??? Responsibility? I'm sorry, what words are these you're speaking?;)

I've raised two kids. I've been karate kicked by a six year old. Hell, I've taken a head shot from flying glass baby bottle from across the room. (Man that kid could throw! Now that I think about it, he actually grew up to become a karate instructor. Coincidence? Probably.)

Anyway, no psychiatrist visits for stress, no physiotherapy for injuries. I, you know, got over it. He probably should have as well and then, through proper channels that are set up for this sort of thing, seek to get the child some help for his "physically aggressive tendencies".

But that's just my opinion.
 

captain morgan

Hall of Fame Member
Mar 28, 2009
28,429
146
63
A Mouse Once Bit My Sister
Responsibility of the family??? Responsibility? I'm sorry, what words are these you're speaking?;)

Yeah - you're right... Sometimes it's just nice to dream a bit


I've raised two kids. I've been karate kicked by a six year old. Hell, I've taken a head shot from flying glass baby bottle from across the room. (Man that kid could throw! Now that I think about it, he actually grew up to become a karate instructor. Coincidence? Probably.)

hehehe... Sounds like there was an opportunity for you to enjoy a few 'Jerry Springer-esque' Thanksgivings at your house.

Anyway, no psychiatrist visits for stress, no physiotherapy for injuries. I, you know, got over it. He probably should have as well and then, through proper channels that are set up for this sort of thing, seek to get the child some help for his "physically aggressive tendencies".

As it should be; but then again, I'll wager that you're of the age where your school had a 'strap' for unruly little bastards (like myself back in the day).

Rarely (if ever) used, but the threat sure generated results


But that's just my opinion.

Are you entitled to those?

I'll have to talk to Andem about this
 

EagleSmack

Hall of Fame Member
Feb 16, 2005
44,168
95
48
USA
Responsibility of the family??? Responsibility? I'm sorry, what words are these you're speaking?;)

I've raised two kids. I've been karate kicked by a six year old. Hell, I've taken a head shot from flying glass baby bottle from across the room. (Man that kid could throw! Now that I think about it, he actually grew up to become a karate instructor. Coincidence? Probably.)

Anyway, no psychiatrist visits for stress, no physiotherapy for injuries. I, you know, got over it. He probably should have as well and then, through proper channels that are set up for this sort of thing, seek to get the child some help for his "physically aggressive tendencies".

But that's just my opinion.

You didn't see a shrink? :)

How is he going to get his pay day if he doesn't see a shrink?
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario
hehehe... Sounds like there was an opportunity for you to enjoy a few 'Jerry Springer-esque' Thanksgivings at your house.

Nah, he mellowed with age, lol. Kid just had a hell of an arm on him in his toddler years.


As it should be; but then again, I'll wager that you're of the age where your school had a 'strap' for unruly little bastards (like myself back in the day).

Rarely (if ever) used, but the threat sure generated results

I don't actually recall that at school but then I was a really well behaved child. No really. Stop laughing. ;)

I do recall that 'threat' working on the home front though, but I was savvy enough to let the little brothers take the hit for most things around the house. Pun intended.

Are you entitled to those?

I'll have to talk to Andem about this

Entitled or not, I just have to be me.:)

It must be working out all right so far, I haven't been turfed yet!

If the teachers aren't allowed to hit the kids, the kids shouldn't be allowed to hit the teachers.

Of course kids aren't allowed to hit teachers. But a civil lawsuit is not the answer to the problem should that occur.

You didn't see a shrink? :)

Nope I'm made of sterner stuff than that, lol.

How is he going to get his pay day if he doesn't see a shrink?

How do you get a pay day without seeing a shrink? Um, work?
 

captain morgan

Hall of Fame Member
Mar 28, 2009
28,429
146
63
A Mouse Once Bit My Sister
I don't actually recall that at school but then I was a really well behaved child. No really. Stop laughing. ;)

Can't help it... I'll be laughing for a long time yet

Entitled or not, I just have to be me.:)

It must be working out all right so far, I haven't been turfed yet!

DON'T MAKE ME GET THE STRAP YOUNG LADY!... (er, then again, didn't you used to post an avatar that wears a leather mask?.... Hmmm, I may be looking at this the wrong way)

Of course kids aren't allowed to hit teachers. But a civil lawsuit is not the answer to the problem should that occur.


Despite the idiocy that you identify in the teacher's process, maybe the upside here is that the threat of monetary penalties might force the hand of the parents a little bit
 

TenPenny

Hall of Fame Member
Jun 9, 2004
17,466
138
63
Location, Location
I think it's more a case of, he was injured at work, so he is suing his employer.

Should employees who are injured at work not be allowed to sue their employer for damages?
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
3
36
London, Ontario
Can't help it... I'll be laughing for a long time yet

Ok, didn't get caught misbehaving. Seem more plausible? lol.

DON'T MAKE ME GET THE STRAP YOUNG LADY!... (er, then again, didn't you used to post an avatar that wears a leather mask?.... Hmmm, I may be looking at this the wrong way)
One of many costumes. I've also been a dancing cat, a Super Chick, Catwoman (she was the one with the whip), a series of cartoon wrestler girls. Basically if it makes me laugh, I'll put it on for a while.


Despite the idiocy that you identify in the teacher's process, maybe the upside here is that the threat of monetary penalties might force the hand of the parents a little bit
I take your point and there can always be an upside to any situation. Take some lemons, add a little water and sugar and you've got yourself some lemonaide. I highly doubt his motivations were altruistic though. Frankly, he sounds like a whiner to me. More of a soccer player than a football player if you take my meaning. Which is why I wanted to poke some fun at him. Also as a parent if a 220lb man told me my 6 year old had fractured his ankle, damaged his knee and forced him into therapy for the stress, I'd probably be scoffing a little bit too.

I remember seeing a documentary a few years ago about special needs children (of which I don't know if this child is one to be honest) but what I recall is that these kids were removed from many schools for their behaviour even when that behaviour was well documented and the parents were trying to work with the schools. Different areas of the country so different school boards were involved, enough different school boards to convince me that schools have a very structured system in place to deal with "problem children". So I really don't think that civil litigation is the way to go.

So, since you've made me get all serious about it (;)) that's actually my take on the whole lawsuit piece. My opinion, rat me out to Andem if you so choose, lol.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
58
48
Leiden, the Netherlands
I think it's more a case of, he was injured at work, so he is suing his employer.

Should employees who are injured at work not be allowed to sue their employer for damages?

There are lots of frivolous lawsuits that get thrown out almost as soon as they hit the courts. I imagine you have just hit on the actual legal theory they plan to present. However, I am pretty sure that teachers are responsible for the safety of the children they teach, and ergo, the damage they do.

He might be able to cover that one by arguing that since he is not allowed to discipline the child effectively due to school policy, the school becomes responsible for the actions. That would certainly be a spectacle for pop corn.
 

earth_as_one

Time Out
Jan 5, 2006
7,933
53
48
A fractured ankle and injury to the knee is serious enough to warrant compensation, regardless of the size of the victim or the assailant.