Legal Question in Personal Injury in Ohio

daughter fell at recess and broke her arm while jumping rope. recess teacher sent her to office and the nurse was gone for day. office personel was told what had happened and they called me(father). she told me that brooke was not felling good and wanted to go home with daddy.she told me that she was not letting her go home cause she has missed too many school days and would have to go to summer school and just wanted me to talk to her.she came home from school and told me that she fell and her arm hurt and that was why she was in the office earlier. my wife took her and had exrays done that revealed a broken arm which is now in a cast.we just found out that her teacher sent her back to office later on and they never called me then.


Asked on 4/03/10, 11:11 pm

1 Answer from Attorneys
Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

I can certainly understand why you would be upset about this. The big issue is whether this is a public or private school. If public, the school district likely has immunity under Revised Code 2744.02. Likewise, the teacher may have employee-immunity under Chatper 2744.03, unless he or she acted wantonly, willfully, maliciously, etc outside scope of employment. It does not sound like the school or teacher is responsible for the actual jump roping injury, although I need more facts about that. The issue would be more failure to get medical attention, appreciate the injury, etc. Unfortunately, that would likely be viewed as ordinary negligence at most, which would fall within the immunity (unless again, this was a private school). Please call me at 513-381-9216 if you would like to discuss.

Vaseem S. Hadi

www.rendigs.com

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Answered on 4/09/10, 6:45 am


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