NEW YORK (Legal Newsline) -- A woman is suing New York City and the Department of Education for allegedly allowing her son to get assaulted while at school.
Rosa Sanchez, parent of H.A.P, a minor, filed a complaint on June 7 in the Supreme Court of the County of New York against the City of New York, New York City Department of Education and John Doe (a fictitious name, as the true name is unknown) for negligence.
Sanchez alleges that on Feb. 6 2020, her child H.A.P was in attendance at P.S. 161 and was "willfully, maliciously and with gross negligence physically assaulted and battered by a classmate."
Sanchez alleged that her son suffered emotional, physical and psychological injuries as a result of the assault. Sanchez alleged that at the time of the assault, the teacher was not present and supervising students, which allowed for the assault to happen. Sanchez alleges that the city is "responsible for the acts and omissions of their principals, vice-principals, teachers, special education teachers, paraprofessionals, aides, agents, officers, nurses, employees, agents, and servants who were employed by them" and the lack of supervision by the teacher is negligence.
Sanchez seeks monetary and punitive damages exceeding the jurisdictional limits of the lower courts and interest, costs and disbursements. Sanchez is represented by N. Gershon Abramoff of Alan Ripka and Associates, LLP.