Legal Question in Personal Injury in Florida

cafeteria headache

My son was injured at school may 29 1997,resulting in hospitalization. He was

treated for a head injury ,he was stomped in the head by another student until unconsious.He was 10 yrs. old at that time. At that time we had no health insurance.The insurance co. representing the schoolboard is refusing to pay any

medical expenses. The injury was not my son's fault.He was eating lunch when

another student thought my son had thrown a 'CHEESE-DOODLE" at him resulting in this violent behavior.Needless to say no one (teachers, cafeteria

aides)were able to stop this before it became this severe.My son is no longer

attending public school as a result of this,after that we had an attendance problem,we are now doing home-bound schooling.The case is back with the state-attorney.What rights do we have?


Asked on 12/29/98, 11:21 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: cafeteria headache

In addition to the criminal prosecution, you may have t

the right to bring a civil action against responsible

parties--Certainly, the guilty child and his parents,

but a question may arise as to their collectability.

Was any other entity at fault in the incident?

Jay K. Nixon

Harvey,Nixon & Fisher

P.O.B. 1555, 333 Main St


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Answered on 1/30/99, 8:11 am


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