http://www.southjerseynews.com/issues/marc...ch/m032903j.htm

Teacher sues student over hall collision

By BILL DUHART
Courier-Post Staff
VOORHEES
An elementary school teacher has sued a student who ran into her in a school hallway.

In the suit filed in February in Superior Court in Camden, Eileen Blau says the injuries cost her money for medical care and curtailed normal activities.

The lawsuit claims Daniel Allen, who was then 11 and weighed about 90 pounds, "negligently and carelessly" collided with her at an "excessive rate of speed."

The second-grade teacher at E.T. Hamilton School said she suffered "severe and multiple injuries, some of which are permanent in nature."

A Camden County Sheriff's deputy served the summons to the Allens at 7:30 a.m. Wednesday. Stacy Allen, Daniel's mom, said the deputy apologized, with a chagrined look, when told the summons was being delivered to a 13-year-old.

Stacy Allen said she was a lot more than chagrined.

"I think it's terrible that a teacher can sue a student," Allen said. "Maybe he should not have been running in the hall, but I think it was an accident. When you send a kid off to school, you expect him to be supervised and taken care of. You never expect a teacher to sue a child for running into her."

Calls for comment Friday to Blau, her attorney Craig R. Fishman and school Superintendent Raymond J. Brosel Jr. were not returned.

Steven Baker, a spokesman for the New Jersey Education Association, an advocacy and labor bargaining unit for 162,044 educators statewide, said a case like this is a first.

"I've never heard of a situation like this before," Baker said. "I assume it is quite uncommon."

Stacy Allen said the school principal, Kristine diCoio, told her the incident, which happened on April 11, 2001, was an accident. Allen said Blau filed a claim with the family's homeowners insurance for her injuries in the fall of 2001. She said her insurance company said the claim was not settled.

Allen said she never told her son about the teacher's actions because she didn't want to upset him. When a sheriff's deputy showed up Wednesday, the secret was out.

"He didn't understand why someone would want to do this to him," she said. "He said `Why does she hate me? Why is she doing this. I said I was sorry.' "

Daniel said he was running to catch a bus home when he ran into Blau. He said he cried in the principal's office the next day when he found out Blau was hurt.

"I'm sorry I ran into her," Daniel said. "I don't think she should be suing me. I didn't want to hurt anybody. It was an accident."

A trial date has not yet been set. Stacy Allen said the family is still deciding on whether to get a lawyer.

 

that news sure is quite uncommon.

 

Odd, I thought schools had insurance for a reason....

 

rediculous!

 

only in america.

 

That's seriously pathetic. You'd think that teachers would be prepared for the actions of an 11 year old. Being a teacher and all.

 

Although I think the lawsuit is ridiculous, it's just as ridiculous when teachers get sued over stupid crap as well.

As much as I dislike teachers, I say good for them and I hope she wins. Yea, it's a dumb lawsuit, but just look at what teachers get sued for and then people wonder why teachers don't care anymore.

 

that's is sad

 

[QUOTE]Originally posted by TepEvan
Although I think the lawsuit is ridiculous, it's just as ridiculous when teachers get sued over stupid crap as well.

As much as I dislike teachers, I say good for them and I hope she wins.

 

Hey if she got injured

1. workmans comp
2. The student is resposible

Here's me playing devils avocate

The kid ran into your s2000 and dented it. Should you
A. take it on the chin
B. get the parents to pay for it
C. you should've been prepaired for what an 11 year old kid does.

Seriously she's entitled to be made whole.