Injured - The FindLaw Accident, Injury and Tort Law Blog

NY Teacher Sues School for Getting Beat Up By 1st Grader

A New York public school teacher is planning to bring a lawsuit against the city claiming that he was attacked and beat up at school. The alleged perpetrator? A 50-pound first grade student barely over four-feet tall.

To make matters worse, the teacher claiming injury is a 220-pound hulk of a man, and former college running back, reports the New York Post.

The teacher, 27-year-old John Webster, said that he was accompanying a group of first graders to the cafeteria for lunch. That's when the alleged perp started horsing around prompting Webster to chide him. Unbeknownst to Webster, the child channeled his inner Bruce Lee and karate-kicked the teacher and several others, reports the Post.

Webster said that he tried to hold the child by the wrists, but the child starting biting him. The former football player then says that he took the student to the principal's office, and the child kicked him in the ankle and the knee. The kick to the knee apparently caused serious injury when something popped, claims Webster. The child then proceeded to kick and pinch the school principal and school safety officer, writes the Post.

How could a tiny child cause so much trouble to a former collegiate football player? Well, that's what the child's parents and school district are wondering. The parents call the lawsuit "absurd" and the school district reportedly wants Webster to return to work. He had been on leave for physical and emotional stress since the incident last April, reports the Post.

To sue the school, Webster first filed a notice of intent to sue. Generally, suing a public agency like a city or school district requires different procedures than suing a private individual. That's because government bodies may enjoy immunity from lawsuits to some extent, and it first must be determined if the agency can be held liable, even if everything the plaintiff says is true.

If you are thinking about suing a government entity, it's a good idea to consult first with a personal injury attorney to learn about the process to sue.

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