Search

Irvington, NY: Teacher's suit against school after student attack dismissed by state court

Jan 31, 2018, White Plains (NY) Journal News: Judge tosses Irvington teacher's suit over student attack https://www.lohud.com/story/news/local/westchester/2018/01/31/judge-tosses-irvington-teachers-suit-over-student-attack/1083458001/ A state Supreme Court judge this week dismissed a lawsuit filed by an Irvington Middle School teacher who said she suffered permanent injuries in a "grievous" attack by a student. In a seven-page ruling Monday, Justice Lewis Lubell ruled the Irvington School District is not liable for special education teacher Clarice Martin's injuries because they were work-related and thus fall under the state worker's compensation system. … Martin filed the lawsuit in August, claiming she suffered "severe and permanent personal and psychological injures" in the March 16 attack by a special education student from Yonkers who had been placed in the Irvington school. Subsequent court filings included copies of email exchanges between Martin and school district officials that dated to 2014, in which she complained repeatedly to school and district officials about the student's violent tendencies. But the district argued that whatever injuries Martin suffered were properly covered under worker's compensation and that the district was not legally liable … In December 2015 she wrote that she was "very concerned for the safety of the students and staff," and that "he has also been hitting other students." The student is one of dozens of out-of-district students who are bused to Irvington for special education classes. Last year, Irvington took in $2.6 million in tuition from other school districts to teach their special education students.