Parents claim Rose Tree Media School District violated ADA

By Jenie Mallari-Torres | Nov 30, 2018

PHILADELPHIA — Parents and their minor child are suing Borough of Media, Rose Tree Media School District and others, citing alleged assault, battery, civil conspiracy, failure to uphold Americans with Disabilities Act regulations, intentional infliction of emotional distress, liability and negligence.

DB, KB and JB filed a complaint Nov. 19 in U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging they breached duty of good faith and fair dealings.

According to the complaint, the plaintiffs allege that on March 1, 2017, their minor child, JB, who has autism and Asperger’s Syndrome, suffered permanent brain damage, hematoma, severe concussion, permanent physical disfigurement of his face, anxiety attacks, personality compulsions and obsessions, depression, speech difficulties, and several other serious medical conditions, embarrassment and humiliation, and loss of the ability to enjoy the pleasures of life, as a result of a physical attack by another minor student, defendant JH, while eating his lunch in the school cafeteria, including a savage punch upon JB's face with such force that the shattering of his bones can be heard in the video taken by AH, who was a willing participant in the assault. Additionally, JB suffered further from the lack of action from the school employees. 

The plaintiffs hold the defendants responsible because the defendants allegedly failed to intervene, prevent and/or stop the violation of a handicapped student's civil rights; failed to facilitate medical care to handicapped minor; denied minor child's clear need for help, assistance, and/or protection despite knowledge of his condition; and failed to even attempt to obtain the services of a medical professional to timely treat minor's serious injuries.

The plaintiffs request a trial by jury and seek judgment for compensatory and punitive damages against defendants for sums in excess of $5 million together with delay damages, interest, costs, attorneys’ fees, and punitive damages. They are represented by J. Conor Corcoran of Law Office of J. Conor Corcoran PC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case No. 18-cv-04988.

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