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FOR IMMEDIATE
RELEASE/REVISED VERSION
BROWARD
COUNTY SCHOOL BOARD, PARENTS
SETTLE CASE REGARDING WESTON STUDENT JUMPED IN CLASS
Former
Tequesta Middle Student says "Dog Piling" was Commonplace
Weston,
FL
- When you send your kids to school everyday, you expect them
to return home safely and in one piece. Unfortunately, that wasn't
the case for a Tequesta Trace Middle school student and now the
Broward School Board and the parents of other students involved
are being held liable for his serious injuries.
Back in early
December 1994 a 7th grader at Tequesta Trace Middle School was
"dogpiled" by fellow band members while a substitute
teacher looked on. Jimmy Prilides said he was minding his own
business when someone yelled, "Let's get Jimmy." Then,
five boys jumped on top of him, resulting in a crushed knee. The
damage was so severe, Jimmy was left immobile and was home schooled
for four and a half months.
"This
incident simply didn't have to happen," said Prilides lawyer,
"Roy Oppenheim. He says the school was aware of this type
of harmful horseplay prior to Jimmy's incident, but did nothing
to stop it.
A Tequesta
Trace Middle School assistant principal testified in a deposition
that "dogpiling" was a common occurrence at the school,
but officials didn't do much about it, fearing they wouldn't qualify
for the U.S. Blue Ribbon Award, an honor given to exceptional
schools. "They didn't want disciplinary proceedings on the
book. They made a habit of sweeping them under the rug,"
said Oppenheim.
The other
problem Oppenheim argued was that parent volunteers acted as nurses
at the school. "When Jimmy was brought to the school nurse,
who wasn't licensed or accredited, she had him sitting in a wheel
chair with a bag of ice. According to a doctor's testimony, he
should have had his knee completely immobilized."
Twenty percent
of the six-figure settlement was paid by the school board, and
the rest was paid by the responsible students' parents' homeowners
insurance policies. "Parents have to realize if their children
commit negligent and harmful acts, by acting irresponsibly and
causing harm to others, their parents will be held accountable,"
concluded Oppenheim.
"We probably
never would have filed the lawsuit had the school officials just
said we are sorry for what happened to your son," said, Jim
Prilides, the boy's father.
Oppenheim
says the school board was responsible because officials were absolutely
negligent in supervising the class, and in having parents fulfill
the role of a nurse, who was clearly untrained.
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Oppenheim
is a partner in the firm, along with his wife Ellen Pilelsky.
Oppenheim Pilelsky, the oldest law firm in Weston, is a
general practice concentrating in real estate, litigation and
business related matters. The law firm of Oppenheim Pilelsky
is located at: 1290 Weston Road, Suite 300, Weston, FL 33326 (954)
384-6114.
/Contact:
Julie Silver or Christine Manna at Boardroom Communications, 954-321-6334,
for Oppenheim Pilelsky.
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