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NH teen who zapped nipples during shop class sues

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IceBergSLiM said:
maybe he encouraged it.
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I had a few teachers that were pretty fucking stupid, but even I can't believe that. Do you remember how stupid teenagers are? I think its far more likely he was one of those teachers that was phoning it in and the kids were both stupid and fucking around.
 
Anyone else care to chime in on the theory that he may have had brain damage prior to the incident?
 
The parents need to be sued for raising such a stupid child. Talk about "parenting fail."

I just don't see how the school is liable for this in any way. No one should be held liable for someone else's horseplay.
 
BoomerD said:
The parents need to be sued for raising such a stupid child. Talk about "parenting fail."

I just don't see how the school is liable for this in any way. No one should be held liable for someone else's horseplay.
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Didn't you get the memo? All schools are now responsible for both parenting and daycare.
 
When I was in grade school, a kid took a capacitor and stuck both ends into a wall outlet, got a decent jolt, and the teacher was fired. I never understood why.

It's sad that you need to hold everyone's hands to make sure they don't do stupid shit, or you lose your job.
 
AndroidVageta said:
Not to play Devils Advocate here...but they did say that a third kid plugged it in...is it possible...just possible...that the kid that got shocked didnt want or know that the 3rd kid was going to plug it in? I mean, putting some clamps on your nipples for a laugh isnt hard to believe and not even really a stupid thing to do per se, but maybe it was all just an accident?

Even if it really was an accident or just pure stupidity, something like this shouldn't go to court...I know from personal experience that teachers can't always watch EVERYTHING students do...despite what some believe teachers don't have eyes in the back of their heads...
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Bolded makes me laugh 😀

I can see this as a possibility, though. :hmm:
Nipple kid's parents should sue 3rd kid's parents. But I suppose the district "has" more $$$?
 
zinfamous said:
Bolded makes me laugh 😀

I can see this as a possibility, though. :hmm:
Nipple kid's parents should sue 3rd kid's parents. But I suppose the district "has" more $$$?
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Lawsuits are never directed at those who are at fault, unless its a coincidence. Lawsuits focus on whatever nearby party that has the deepest pockets.
 
moshquerade said:
This would be a good angle for fighting the lawsuit.
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Actually it might not. If the suit is based on a negligence theory, a key issue would be the duty of care owed by the teacher to his student. If the student was brain damaged and the teacher/school knew of that fact, the duty of care owed to the injured student may actually be HIGHER than the duty the teacher would owe to a normal run of the mill teenager. Thus, ironically, a brain damaged child may have an easier time establishing the elements of a negligence claim than a "normal" child.
 
Here are some more articles about the suit. Apparently the teacher was quite close to the action:

http://www.unionleader.com/article....rticleId=9b263278-5680-4c7c-aeb7-9662b5f1c633 (says the teacher was ~8 feet from the students who were engaged in the hijinx)

This article has an interesting tidbit which might change your mind about the lawsuit (if true): http://www.fosters.com/apps/pbcs.dll/article?AID=/20100831/GJNEWS_01/708319900/0/FOSNEWS

"Kelley [the teacher] not only knew what the students were doing, but according to the lawsuit, may have played a part in the dare that resulted in DuBois' injuries. The lawsuit claims "One student heard Mr. Kelley state that Kyle should try it with his nipples and that he, Mr. Kelley, would give him a Mountain Dew if he did so.""

But who knows if anything the media reports is true. Given the commonality of the facts between articles, though, it seems like that whole classroom was populated with idiots. Not surprising, given the reputation of the Dover school system (one reason my wife and I will not buy a house there).
 
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zebano said:
Why did the teacher resign? I don't believe he did anything wrong.
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Amazing how people "believe" things about a situation, when they only know the facts that are fed to them by the media.

As to your question, teachers as a whole do not sign up for this kind of legal liability. I wouldn't be surprised if the teacher in question never enters a classroom again. Not because he will be prohibited by a court order, but rather because he will never want to do so after this experience.
 
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PingSpike said:
Lawsuits are never directed at those who are at fault, unless its a coincidence. Lawsuits focus on whatever nearby party that has the deepest pockets.
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yes. hence my suggestion that the district [as in school district] *"has" more money than the other kid's parents.


*"has" meaning: the district commands the taxpayers' money as their budget allotment. yes, it is much more money than would likely be available from some random parents, and for reasons I have never been able to understand, is legally "available" to any independent party looking to sue whatever public institution that they feel has slighted them.

I could be way off on that, so perhaps lawyers can chime in on how such funds are considered liable in these type of lawsuits (indeed, if they are available).
 
zinfamous said:
I could be way off on that, so perhaps lawyers can chime in on how such funds are considered liable in these type of lawsuits (indeed, if they are available).
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<-----------Lawyer

Sovereign immunity bars suits against the government, unless the government has consented to be sued (which has happened in a few instances). Thus, while I am not a tort lawyer, there is at least a possibility that a government (state, local, federal) has consented to being sued for injuries resulting from gross negligence by government employees on school grounds.

It seems that NH is one state that has consented to such suits. Indeed, claims against "political divisions" (including school districts) of the state of NH are governed by section 541(b) et seq. of the state code. See http://gencourt.state.nh.us/rsa/html/lv/541-b/541-b-mrg.htm

According to section 541-B-14: "All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 507-B, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated settlement."

NOTE: I am NOT a New Hampshire lawyer, and I am NOT your lawyer. Moreover, this post is NOT legal advice.
 
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soxfan said:
<-----------Lawyer

Sovereign immunity bars suits against the government, unless the government has consented to be sued (which has happened in a few instances). Thus, while I am not a tort lawyer, there is at least a possibility that a government (state, local, federal) has consented to being sued for injuries resulting from gross negligence by government employees on school grounds.

It seems that NH is one state that has consented to such suits. Indeed, claims against "political divisions" (including school districts) of the state of NH are government by section 541(b) et seq. of the state code. See http://gencourt.state.nh.us/rsa/html/lv/541-b/541-b-mrg.htm

According to section 541-B-14: "All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 507-B, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated settlement."

NOTE: I am NOT a New Hampshire lawyer, and I am NOT your lawyer. Moreover, this post is NOT legal advice.
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Interesting. (Potential) Cases like this often have me thinking of Dover, PA and the "School Board vs. Rationality" case back in ~2003. The School Board essentially sued to be allowed to include Intelligent Design in their science text books, using millions of the district's money to fund the lawsuit.

They lost, and the judge in a brilliant stroke of genius, ordered that the school board pay all fees, defense, and court costs as well--bankrupting the school board and leading to every member being fired. A lot of the parents were already pissed at the school board, anyway, so it seemed to be the only way to eradicate these asshats and ensure that no other theologically inclined board members would show up and hold hostage their children's education.

It sounds somewhat negligent that the judge would essentially bankrupt the district like that, but the intent was to show that their actions (which were widely un-supported by the parents) are what bankrupted public education.
 
Just watch, he'll end up coming up with some piece of the Grand Unified Theory.

Future classrooms will tell students the anecdotes of Newton's apple on the head, and Dubois' volts to the nipples.
 
Jeff7 said:
Just watch, he'll end up coming up with some piece of the Grand Unified Theory.

Future classrooms will tell students the anecdotes of Newton's apple on the head, and Dubois' volts to the nipples.
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Then kids will copy him and millions will die :awe:
 
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