A 5-year-old student at Lincoln Elementary in North Bergen, N.J., suffered a head injury after another student pushed her to the ground, and school officials responded by putting her on another bus rather than seeking immediate medical attention, said an attorney for the girl's family.
Robert B. Linder, Esq., of Englewood, filed a notice of tort Jan. 2 in anticipation of the filing of a lawsuit, reported The Jersey Journal. After this, there is a six-month waiting period before the suit can be filed.
The personal injury lawsuit seeks compensation for pain and suffering and will name as defendants North Bergen School District, the township board of education, superintendent of schools, Lincoln Elementary School and Horace Mann School, Linder confirmed.
"There was obviously a lack of supervision of the children and they should not have put her on a bus after the incident — 911 should have been called immediately,” he said.
On Dec. 20, Kaorie Spearman was waiting to board a school bus at Lincoln Elementary that would take her to Horace Mann School, when another kindergarten student shoved her and she fell to the ground face forward, Linder explained.
The girl suffered a serious injury to her face, a closed head injury, a cerebral hematoma and a concussion, according to the notice of tort, which notes that despite her injuries, she was placed on the bus to Horace Mann School, 20 blocks away.
When Kaorie arrived at Horace Mann, she was transported by ambulance to Palisades Medical Center after officials called 911. She was admitted, treated and released two days later, Linder said.
Yet today Kaorie remains under the care of a neurologist, he added, because she continues to experience head pain, lack of focus, lethargy, disorientation and difficulty sleeping.
"She is not herself,” Linder said.
North Bergen spokesman Philip Swibinski said the district cannot comment at this time without seeing the details of the potential lawsuit.
“Attorneys for the township and the Board of Education will review the matter and react accordingly,” Swibinski stated.