Escolar Documentos
Profissional Documentos
Cultura Documentos
E169285/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2019
Lockport, NY 14094
-Vs-
Claim No.
STARPOINT CENTRAL SCHOOL DISTRICT
4363 Mapleton Road
Lockport, NY 14094
Respondent.
as parents and guardians for the claimants herein, pursuant to statutes in such
cases made and provided, do hereby make the following claim and demand against the
Lockport, NY 14094.
2. The attorney for the claimants herein is Robert A. Crawford, Jr., Esq., of Kenney
Shelton Uptak Nowak LLP, post office address: The Calumet Building, 233 Franklin Street, Buffalo,
various schcals in the school district located at 4363 Mapleton Road, Lackpcit, New York.
4. The negligence, reckless and possible intentional acts of the district includes but
is not limited to failing to address and/or inadequately addressing numerous instances of bullying
and harassing of beginning in the 7thh grade and continuing to the present time; in
negligeñtly supervising those students and/or faculty involved in such bullying and harassing
STARPOINT CENTRAL SCHOOL DISTRICT and/or its employees failed to provide adequate
supervision over students, including but not limited to the claimant, on Aprit 2,
2019. Five days prior, on March 28, 2019, the claimant received five days of in-school suspension
"vaping"
for in a school bathroom. During this suspsñsion, the claimant was not permitted to go
bathroom unsupervised and was later found unresponsive in a hallway within the schesi. The
claimant later admitted to smoking an electronic smoking device that contained THC while in the
bathroom. The THC was provided by another student who was not supervised.
was caused to be transported to Oishei Children's Hospital of Buffalo. At the hospital, the Niagara
7. Said incideñt and claimant's personal injuries and other damages hereinafter set
forth were caused by reason of the aforesaid negligence of STARPOINT CENTRAL SCHOOL
DISTRICT, its officers, agents, servants and empicyees, and without fault or negligence of
claimants.
agents and employees, consisted of, among other things, the following: failing to properly address
the bullying and or harassment which the disMd knew or show have known was occurring;
negligently failing to supervise the infant claimant and permitting him to go to the bathroom
unsupervised, failing to supervise other students and/or faculty; failing to adhere to internal school
policies and procedures that were established by the school district regarding the infant claimant
and other students in intemal suspension, and failing to exercise such care as a parent of ordinary
2 of 4
FILED: NIAGARA COUNTY CLERK 06/28/2019 04:15 PM INDEX NO. E169285/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2019
otherwise careless, reckless and negligent in other ways which may become apparent upon the
serious, sigñlficant and permanent injuries from the incident, including, but not |imitsd to,
psychological and emotional harm as well as pain and personal suffering. The total sum to be
claimed for such injuries and damages has not yet been determined as of date.
STARPOINT CENTRAL SCHOOL DISTRICT, claimant has incurred hospital and medical
expenses and other necessary related expenses, the amount of which is undetermined to date.
11. This claim is filed within ninety (90) days after the claim accrued as required by
law.
(716) 853-3801
3 of 4
FILED: NIAGARA COUNTY CLERK 06/28/2019 04:15 PM INDEX NO. E169285/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2019
being duly swom, says: I am the claimañt above named; I have read the foregoing
Notice of Claim and know its contents; the same is true to my own knowledge, except as to the
matters therein stated to be alleged on information and belief, and as to those matters I believe it
to be true.
Notary Public
ROBERT A. CRAWFORD
Notary Public, State of New York
Qualified in Erie County
Commission Expires
4/11/-h
being duly swom, says: I am the claimant above named; I have read the
foregoing Notice of Claim and know its contents; the same is true to my own knowledge, except
as to the matters therein stated to be alleged on information and belief, and as to those matters I
believe it to be true.
Notary Public
ROBERT A. CRAWFORD
Nota y Public, State of New York
4 of 4