Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

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  • MassNole
    Banned
    • Mar 2006
    • 18848

    #1

    Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

    $35M lawsuit: Lynn failed to protect bullied kid - BostonHerald.com

    Okay I was bullied as a child but come on really? Okay if anyone is wondering, brother counsel is an Ambulance Chaser...apparently one with over 5 decades of experience.
  • El_Jefe
    Banned
    • Mar 2010
    • 147

    #2
    Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

    Why would anybody want to bully a Special Ed kid? That right there shows that guy would have gotten his *** handed to him had he tried that with a normal person.

    Comment

    • p_rushing
      Hall Of Fame
      • Feb 2004
      • 14514

      #3
      Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

      He pushed him down some stairs and left him in a wheelchair. How many stairs and was the wheelchair really needed, it doesn't say. They didn't even tell the police about this as far as I can tell. No reason to sue, just tell the police, and let them charge the bully and the school if needed.

      Comment

      • MassNole
        Banned
        • Mar 2006
        • 18848

        #4
        Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

        Yeah....I actually don't understand how this claim survives the Massachusetts Torts Claims Act which limits a municipality or state's liability to a max of $100,000. I know there are some exceptions and well I'll defer to the guy who has been chasing ambulances since the times they were pulled by horses on that one.

        Comment

        • Cusefan
          Earlwolfx on XBL
          • Oct 2003
          • 9820

          #5
          Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

          Originally posted by p_rushing
          He pushed him down some stairs and left him in a wheelchair. How many stairs and was the wheelchair really needed, it doesn't say. They didn't even tell the police about this as far as I can tell. No reason to sue, just tell the police, and let them charge the bully and the school if needed.
          Originally posted by MassNole
          Yeah....I actually don't understand how this claim survives the Massachusetts Torts Claims Act which limits a municipality or state's liability to a max of $100,000. I know there are some exceptions and well I'll defer to the guy who has been chasing ambulances since the times they were pulled by horses on that one.
          Are you guys kidding me? A school is responsible for every single child that goes there, the school is responsible for not acting on the child's behalf. He Suffered a Injury that will leave him in a wheel chair for the rest of his life, his Family Deserve every cent of that 35 Mil.
          My dog's butt smells like cookies

          Comment

          • Brankles
            Banned
            • May 2003
            • 5113

            #6
            Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

            Yeah there's gotta be some kind of sovereign immunity for the school, no way this gets to $35 mill

            Comment

            • Bruins
              .
              • Mar 2004
              • 6433

              #7
              Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

              Why wait 2 years to file suit?

              Comment

              • Beantown
                #DoYourJob
                • Feb 2005
                • 31523

                #8
                Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                Originally posted by Bruins
                Why wait 2 years to file suit?
                Not to mention the fact that there were no complaints filed, no charges, no eyewitnesses to the "pushing," the kid who got pushed has given two different accounts about the day he was pushed, etc.

                I'm no lawyer, but I can see many holes in the family's argument/case. Definitely don't see anything coming of this.

                Comment

                • MassNole
                  Banned
                  • Mar 2006
                  • 18848

                  #9
                  Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                  Originally posted by Brankles
                  Yeah there's gotta be some kind of sovereign immunity for the school, no way this gets to $35 mill
                  Massachusetts Torts Claims Act.

                  (Fav area of Torts for the Mass Bar Exam.)

                  Comment

                  • MassNole
                    Banned
                    • Mar 2006
                    • 18848

                    #10
                    Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                    Originally posted by Cusefan
                    Are you guys kidding me? A school is responsible for every single child that goes there, the school is responsible for not acting on the child's behalf. He Suffered a Injury that will leave him in a wheel chair for the rest of his life, his Family Deserve every cent of that 35 Mil.
                    And children are liable for their intentional torts. Surely if these children were bullying a sp-ed kid their parent(s) screwed the pooch somewhere in raising them. The actions of the parents here contributed just as much to this injury occurring. Now if there had been a continued and on going pattern of behavior and abuse, it would be one thing and would open up a gross negligence claim which is krytonite to the MTCA. But under these facts you cannot begin to get there to hold the school liable in anyway.

                    Comment

                    • Cusefan
                      Earlwolfx on XBL
                      • Oct 2003
                      • 9820

                      #11
                      Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                      Originally posted by MassNole
                      And children are liable for their intentional torts. Surely if these children were bullying a sp-ed kid their parent(s) screwed the pooch somewhere in raising them. The actions of the parents here contributed just as much to this injury occurring. Now if there had been a continued and on going pattern of behavior and abuse, it would be one thing and would open up a gross negligence claim which is krytonite to the MTCA. But under these facts you cannot begin to get there to hold the school liable in anyway.
                      after thinking about it, your probably right. I suppose if the school was aware this child was being bullied and did not respond they would be held liable but that does not appear to be the case. Do we know what kind of disability this kid has because if he was being bullied in school he may not tell anyone, schools need to pay special attention to these types of students.

                      For all we know though, this kid could have just as easily tripped over his shoelaces and fell down the stairs. Then the Kids parents learn he was bullied, they put two and two together and decide to sue.
                      My dog's butt smells like cookies

                      Comment

                      • mgoblue
                        Go Wings!
                        • Jul 2002
                        • 25477

                        #12
                        Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                        Originally posted by MassNole
                        And children are liable for their intentional torts. Surely if these children were bullying a sp-ed kid their parent(s) screwed the pooch somewhere in raising them. The actions of the parents here contributed just as much to this injury occurring. Now if there had been a continued and on going pattern of behavior and abuse, it would be one thing and would open up a gross negligence claim which is krytonite to the MTCA. But under these facts you cannot begin to get there to hold the school liable in anyway.
                        Yeah...I could see this being legit in a case where there were documented complaints of bullying to the school, and yet nothing happened to help fix things.

                        Reading the article, it sounds like these people are just going for easy money and aren't going to win. The kid who pushed him down the stairs should be charged with something by the cops, but without lots of specific evidence that the school knew about things and ignored it there's no way this case goes through.
                        Nintendo Switch Friend Code: SW-7009-7102-8818

                        Comment

                        • ProjectRipCity
                          Banned
                          • Aug 2008
                          • 2395

                          #13
                          Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                          I wish I was still in highschool (17) with the knowledge I have now. I was made fun of in middle school, but was considered "normal" in highschool. It hurts to get made fun of...It's something you will always remember. The key is to have it not bring you down...You get stronger from it. I wish I would of bullied the bullies.

                          Comment

                          • Cusefan
                            Earlwolfx on XBL
                            • Oct 2003
                            • 9820

                            #14
                            Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                            Originally posted by ProjectRipCity
                            I wish I was still in highschool (17) with the knowledge I have now. I was made fun of in middle school, but was considered "normal" in highschool. It hurts to get made fun of...It's something you will always remember. The key is to have it not bring you down...You get stronger from it. I wish I would of bullied the bullies.
                            Seriously, put the Fear of God into them while your still a minor...
                            My dog's butt smells like cookies

                            Comment

                            • eXperiment63
                              MVP
                              • Mar 2004
                              • 3077

                              #15
                              Re: Lynn, MA sued for $35 million because Sp-Ed kid was bullied and injured

                              Horse**** claim... I was bullied when I was younger. That is, until I slapped the ever living **** out of the biggest bully around. Didn't punch him, as slapping someone with an open hand is far more emasculating than punching them in the face. As per the norm, he did nothing in return, and the bullying stopped.

                              ...Even if he had, I probably would've destroyed him that day, lol...

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