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A Staten Island student who suffered from broken bones after an assistant dean threw him to the ground to stop a gym class altercation settled his lawsuit with the city for $400,000, reports Staten Island Live. Almost five years after the alleged incident, the city said that settlement was in its best interest.
Brian Shane, a 15-year-old at a high school for students with special needs and disabilities, was in a scuffle with two other students during a gym class wiffle-ball game when the alleged incident occurred in March 2011. Now Shane is out of Staten Island and high school and the matter is finally settled.
Thrown by a Dean
Although the assistant dean in question has always denied the incident, Shane said that the administrator threw him to the floor in a move resembling something out of television's Ultimate Wrestling. The student claimed that the adult grabbed him by the chest from behind and wrapped his leg around him. Both "flew backward" and the teenager ended up with a badly broken leg.
Brian Shane's parents then sued the Department of Education, city,and South Richmond High School in Staten Island. During depositions, the assistant dean denied that he even touched Shane but a paraprofessional who witnessed the incident confirmed the teenager's account.
The city argued that Shane was out of control and that his injury was an accident caused by his own violent behavior. The settlement was announced just at the case was scheduled to go to trial.
Injury in Institutions
If you or anyone you know has been injured in an incident at an institution or elsewhere, speak to an attorney as soon as possible. As Brain Shane's case demonstrates, personal injury lawsuits can take a long time to resolve.