Suit Against School System Alleges Negligence Caused Injuries To Special Needs Child
10-year-old Nicholas Roseberry was struck by two cars going in opposite directions, leaving him with broken bones, cuts and a concussion. Now his mother is suing Fort Wayne, Indiana Community Schools, alleging negligence.
Teresa Davis is the child’s mother who claims that the school district failed to provide her son, then a special-needs student at Study Elementary School, with safe transportation.
Nicholas should have been on a different bus, the suit claims, and also should have been dropped off at the stop at a different time. “We have a special-needs student that did not get special needs” said Ms. Davis’ attorney. Thus far no representative of the school district has commented on this case.
On the second day of school, the boy had been dropped off at a different – and wrong – bus stop, Smith said. Nicholas apparently elected to go to the stop he was let off at the day before and attempted to cross a street and was first hit by a Cadillac headed east. The child bounced off the car’s windshield, according to Fort Wayne police. That sent him into the path of an Aspire headed west on Taylor. The boy ended up underneath the Aspire, where police found him.
Nicholas suffered broken bones in his arms and legs, a concussion, and cuts to his neck and head, according to the lawsuit.
The suit did not claim the exact amount that Ms. Davis is asking for, but according to state law, the amount sought in this type of case cannot exceed $700,000.
