A fight among two students at DeKalb Middle School in March has resulted in a Circuit Court lawsuit.
A 13 year old and his parents are suing a fellow 14 year old Middle School student and his parents, Principal Randy Jennings, the DeKalb County Board of Education, and the County Government over an altercation at the school on March 11.
The lawsuit was filed on Tuesday, August 2.
WJLE is not publishing the names of the students because they are parties to a lawsuit as minors nor their parents names since that could essentially identify the students.
The suit claims the 13 year old suffered serious and disabling permanent bodily injuries as a result of the altercation.
The plaintiffs are seeking a judgment against the defendants, jointly and severally, for his bodily injuries, past and future medical expenses incurred or to be incurred for his treatment, past and future expenses incurred for his care and upkeep while incapacitated, past and future pain, suffering and anguish, the loss of future earnings capacity, his permanent injuries including future limitations and restrictions, permanent scarring and disfigurement, past and future loss of enjoyment of life, and other damages, in an amount to be determined at trial.
The lawsuit, obtained by WJLE, alleges “that in the hallway during the March 11, 2016 school day and in conjunction with the change of classrooms by DeKalb County Middle School students, the minor plaintiff was viciously attacked by the minor defendant without just cause or provocation. The defendant’s parents knew or should have known of this child’s tendency to commit assaults or to engage in threatening conduct, and knew or should have known of this child’s tendency to commit wrongful acts. The school administrators and other certified and non-certified personnel for the DeKalb County Middle School were aware of this student’s propensity for violence and his threatening demeanor and conduct toward other students at the school. The minor defendant had bullied and harassed students and employees in the past and, despite protests from other students, the school administrators and other personnel employed by or under the supervision of the defendants failed to take appropriate action to protect the minor plaintiff and other situated parties from this violent individual”.
The suit further alleges that “the minor plaintiff sustained serious and life altering permanent injuries as a result of this assault and the intentional and negligent acts of the defendants.”
“At all times , the minor plaintiff student acted with due care, was without fault or negligence, and did not provoke or insight the attack,” according to the lawsuit.
The plaintiffs allege that the County, Board of Education, and Principal were negligent for:
*Failure to provide for a safe and secure school and an environment free from attacks, threats, harassment and bullying from third parties, including from other students enrolled at DeKalb Middle School.
*Failure to provide proper supervision of other students and third parties, upon and about the campus and school grounds during the school day, including the student who attacked the minor plaintiff.
* Failure to provide training to certified and non-certified staff and employees of DeKalb Middle School in order to recognize the danger to vulnerable or innocent students from other aggressive and unruly students.
* Failure to adopt, follow and enforce policies and procedures to eliminate incidents or threats of violence, to implement appropriate violence prevention and intervention strategies, and to appropriate necessary funds for the purpose of providing resources for such policies or safety plans.
*Failure to provide a safe and civil environment necessary for students such as the minor plaintiff to learn and achieve high academic standards and to enact, enforce and follow policies prohibiting harassment, intimidation, and bullying pursuant to (state law).
The plaintiffs allege that the parents of the minor defendant are:
*Responsible and liable for their son’s actions
*Responsible for failure to properly supervise their child when they knew or should have known of his violent tendencies or tendencies to commit wrongful acts.
*Responsible for liability due to their son’s tortuous activities that causes injuries to persons or properties of third parties. The defendant parents had an opportunity to control their child but failed to exercise reasonable means to restrain his notorious conduct.
The plaintiffs are represented by Attorneys Howard L. Upchurch of Pikeville and William T. Ridley of Crossville.
An answer to the lawsuit by the defendants has not yet been filed.
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