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My son was attacked at his public high school by 2 boys and was dropped on his head, as a result he bled and lay unconscious for 3 - 5 minutes. No supervision. We are still dealing with severe memory issues, depression, unable to partcipate in sports and severe headaches and stomache aches everyday. One of the boys has pled gulity to simple asault while the other boy is charged with felony 2 asault and he goes on trial on 8/31/09. We are interested in suing this public school system for negligence. We have an attorney and he is not giving us much confidence. The school system claims exemption from all neglicence. We are looking for some case history on this type of neglicence.
State/Country relating to Question: Ohio Already Tried: We have an attorney but he is not on the offense as much as we think he should be. Not much to work with.
Under ORC 2744.02(B)(2), as defined by ORC 2744.01(C)(2)(c) provides absolute immunity for negligence of government employees related to "the provision of a system of education."
This would appear to be pretty comprehensive. The only exceptions that I see are those associated with the school employee's operation of a motor vehicle (ORS 2744.02(B)(1)).
Obviously, this isn't the answer you want, but I observe that all Ohio case law supports this interpretation (see e.g., Vargas v. Columbus Public Schools, 2006 -Ohio- 7108 (Ohio App. Dist.10 05/18/2006); Lines v. Ashtabula Area City School, 2004 -Ohio- 4535 (Ohio App. Dist.11 08/27/2004)) . Which means that your recourse is entirely against the purpetrators of this violence.
Hope this helps.
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Retired (mostly)
We already know about suing the attackers familys but what about history of violence concerning one of the ones and the school did nothing. Or what about suing the school district because they did not have any security and were well under the other schools of similar size with no security?