SCRANTON – The parent of a boy with Down syndrome contends that the local school district violated multiple federal laws through its negligence, when it failed to prevent injuries the boy suffered when he fell from his school bus.
Michael P. (a minor, by and through his mother Elizabeth A.) of Albrightsville first filed suit in the U.S. District Court for the Middle District of Pennsylvania on May 18 versus the East Stroudsburg Area School District, of East Stroudsburg.
“Michael is a minor with Down syndrome who has a limited ability to understand and express language, lacks regard for his own safety, and has a history of dangerous elopement. District documentation shows that Parent had expressed concern about Michael’s dangerous tendency to dash of the bus when the bus stopped,” the suit states.
“As a result, the District provided specialized transportation for him including a safety aide for close adult supervision to help him get on and off his school bus and a driver who would not open the bus door until the aide was attentive and ready to assist Michael.”
The suit then explained the alleged events at issue, which led to the lawsuit.
“On June 5, 2019, when Michael was in first grade, he was severely injured when, upon arrival at school, the school bus driver opened the door before his aide was ready and attentive. Michael threw himself down the bus steps and landed face-first on the pavement,” the suit says.
“He suffered severe injuries including a traumatic brain injury, brain hemorrhage, orbital fracture, frontal bone (forehead) fracture, long-term behavioral changes, long-term post‑ concussion syndrome, and other injuries and long-term consequences.”
The plaintiff alleges that the District and its employees knew or should have known that Michael was exiting the bus and failed to take necessary precautions to protect him from injuries stemming from his disregard for his own safety and dangerous history of elopement from the school bus.
“The Family has been informed, believes, and therefore avers that his injuries are of a continuing and permanent nature, that he will continue to suffer in the future, requiring additional medical care, and that he may be obliged to spend various sums of money and incur various expenses for treatment of the injuries,” per the suit.
“Joseph Curtis [the bus driver] and Donna Weiss [the school aide], who were Michael’s caretakers on the bus, caused Michael’s injuries, whether intentionally or through extreme and reckless lack of care. The actions of the District and its employees were negligent, reckless, intentional, or deliberately indifferent. The defendant is liable for the damages and expenses incurred by Michael, and that will continue to be incurred by Michael, under federal and state law.”
For counts of violating Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, negligence and recklessness and breach of fiduciary duty, the plaintiff is seeking monetary compensatory damages, declaratory and injunctive relief, punitive damages, complete medical expenses, travel expenses, lodging expenses, and reasonable attorneys’ fees and costs under Pennsylvania law, the Americans with Disabilities Act, and Section 504, and such other relief as this Court deems fair and proper, in excess of $75,000.
The plaintiff is represented by Dennis C. McAndrews, John W. Goldsborough and Michael J. Connolly of McAndrews Law Offices, in Berwyn, plus Kevin C. Boylan of Morgan & Morgan, in Philadelphia.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 3:21-cv-00902
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com