Teaching Assitant Sues for Assault in 'Piggyback' Catastrophe

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

In the case of Patrie v. Area Cooperative Education Services, a school employee was injured inside the premises of a school when a student jumped on his back. The employee received compensation under the Workers' Compensation Act, which administers mandated relief for an employee’s injuries. The employee brought an additional action to seek compensation for his injuries beyond that which is provided for by Worker’s Compensation. Specifically, he argues that the student assaulted him during the course of his injury.

The employee was injured when a student jumped on his back and asked for a piggyback ride. In the employee's action against the school, the court first determined that an "assault" under Connecticut law meant an intentionally violent and hostile attack on another person. The court then concluded that, given the legal definition of "assault" the employee had not met his burden of proving that he was entitled to a recovery. The employee's testimony was that two students were fooling around and bumping into each other in the classroom. The employee told the students to stop their behavior and then went looking for a teacher when he was blindsided by one student, who jumped on his back and asked for a piggyback ride. Later in his testimony, the employee embellished the incident on cross examination and indicated that he was assaulted. The testimony of the other witnesses indicated that the employee had initially viewed the incident as a playful episode but later changed his version of the incident to an attack.

Laws are enacted to be read and observed by the people and in order to reach a reasonable and sensible construction. The court stated that the legal scope for assault was not meant to apply to injuries that were the result of juvenile rambunctiousness or playfulness that had gone too far. In this respect court entered judgment in favor of the school. “If the broad definition of "assault" suggested by the [the teacher] is adopted the only way school districts could protect themselves is by having schools become highly regimented places” said the court. “As previously stated the court is convinced this statute was not meant to apply to injuries that were the result of juvenile rambunctiousness or playfulness that has gone too far. Interestingly enough [the teacher] himself seemed to have a sense of the distinction between such activity. His testimony was that two youths were fooling around, yelling, bumping into each other around the periphery of a class room.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Patrie v. Area Coop. Educ. Servs., 2004 Conn. Super. LEXIS 1595 (Conn. Super. Ct. June 16, 2004)