Boys' alleged recess head injury results in lawsuit against Shaker Schools

BELMONT — The mother of a boy who attended Belmont Middle School in the spring of 2012 has filed suit against the Shaker Regional School District claiming the school ignored head injuries to her son sustained during recess.

According to a lawsuit file in the Belknap County Superior Court, the boy was playing football during recess when one of his classmates allegedly tripped him while he was running full speed with the ball.

Although he appeared to have recovered from the fall, when he tacked the classmate who recovered the fumble, the classmate flipped him over his shoulder and "body slammed" him to the ground.

The complaint said that none of the staff at the school district reported any incident.

In addition, the plaintiff (who is the boy's mother) said her son didn't return to his class but "was eventually discovered wandering the halls still in a disoriented state."

He was taken to the nurses officer and spent 50 minutes under the nurses supervision until his mother came to the school to get him.

His mother said she immediately took him to Lakes Region General Hospital where physicians determined he may have a concussion.

The complaints said the boy didn't recognize his mother or his step-father and continued to act disoriented in his own home. The boy had previously suffered from migraines but they had been under control until this incident.

The boy and his mother are claiming the Shaker District was negligent in that the school breached a special duty it has to him to ensure his physical and emotional health.

The boy and his mother are asking for an unnamed amount of money for medial bills and future compensatory damages.

In reply, Shaker Regional attorney said the boy continued to play football after being tripped but is without sufficient information about the alleged "body slam."

Shakers attorneys said the school nurse followed the protocols regarding potential head injuries to "the extent and symptomology exhibited at the time."

The defense also says the boy was not missing from class and that's why there's no recorded absence.

The school admits the nurse is an employee of the district but denies a head trauma was diagnosed at the time that would have mandated the summoning of an ambulance.

The school district is also claiming an affirmative defense saying that, subject to discovery, the injuries to the boy were not caused by the school district and should be barred from recovery.

The school also said the boy's previous health is unexplored and they reserve the right to explore any pre-existing conditions the boy may have had.

The school is also claiming that this suit should be considered in relation to any medical bills that may have been paid by any insurance.

The school district has also file a motion to dismiss the case that has not been answer as of yesterday by the complainant.