The Township of Jackson as well as the Jackson Township Board of Education have just been slammed with a lawsuit filed by a current student, FAA News has learned.
The Complaint alleges that Kristopher Kertes, a minor, was injured while falling off of the monkey bars on the playground of Crawford-Rodriguez Elementary School. The incident occurred on December 2, 2021.
According to the civil complaint filed in New Jersey Superior Court in Ocean County by the Jersey City based Law Offices of Patrick G. Patel:
The minor was legally on the premises when, due to lack of supervision of the playground, she fell, causing serious and permanent personal injuries.
The Board of Education, their employees and agents, controlled, operated, and managed the school and grounds. They failed in their common law and statutory duty by negligently, carelessly, recklessly and/or knowingly, causing severe and permanent personal injuries to the child in that they:
a) failed to exercise reasonable care for the safety and protection of the child when they knew through the exercise of observation and prior knowledge, or should have known, of the danger posed to the child;
b) failed to adequately supervise the school playground area in an effort to prevent harm to students, and specifically the minor plaintiff;
c) failed to exercise reasonable care and ordinary prudence by not observing, inspecting, viewing, paying attention, and, or seeing the conduct and activity of the child was not age-appropriate or maturity-appropriate for the child;
d) failed to inform, give notice to, or warn the minor plaintiff of the potentially hazardous condition or circumstances posed to the child;
e) failed to ensure that there were enough personnel supervising the children, to control the children on the playground, specifically the minor plaintiff;
f) failed to adequately train the school personnel to properly recognize the dangers posed to the minor plaintiff; and
g) failed to use due and proper care with regard to the rights and safety of the minor plaintiff under the circumstances.
As a direct result of this incident, the child was caused to suffer severe and permanent physical injury, including a fracture of the right arm/elbow, pain and suffering, severe shock to his entire nervous system, as well as other injuries which necessitated obtaining medical treatment at great expense and resulted in a permanent consequental limitation of the child's recreational and daily activities.
The child still requires medical attention, and will in the future undergo additional surgery, suffer great pain, and potentially be compelled to forgo engaging in the activities or employment of his choice.
The mother and child are seeking judgement for compensatory and punitive damages as well as for their legal fees.
The Township and Board of Education have 35 days to formulate an Answer to the Complaint.
As previously reported here on FAA News, the Board of Education is also currently litigating a lawsuit filed by a now terminated employee who alleges he was repeatedly harassed, and ultimately terminated by his supervisors over a disability that required him to use the restroom frequently. That litigation has just been referred to mediation.
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