Posts Tagged ‘Negligence’

See little Joseph run, see little Joseph get sued real fast

May 24th, 2009 No comments
PS 94

Scene of the crime

   QUEENS, New York — In the late Spring of 2006, little Joseph was your average 8-year-old boy attending grammar school at P.S. 94 in Little Neck, New York. However, his days of innocence would soon be shattered and ripped away from him after a clash with a 62-year-old teacher’s aide. It seems, while running for ice cream at school, little Joseph accidentally knocked over the teacher’s aide in the process. The teacher’s aide, Rosanna Tomack of West Hempstead, Long Island, decided to sue the boy.

   Tomack already had a shady attendance record at the school and reported feeling fine the day after the incident. Nevertheless, after a presumably lengthy search, she somehow managed to find an attorney willing to take the case, one Edmond C. Chakmakian, and together they smelled money in the form of the parent’s homeowner’s insurance policy and filed the lawsuit against little Joseph, now 10.

   “It’s a legitimate case,” Chakmakian said. “It’s not silly.” Adding that little Joseph is above the age when a child can be sued.

   In a further attempt to justify the lawsuit, Chakmakian (pronounced “Shark”) claims the kids were specifically told not to run for ice cream and that little Joseph didn’t follow the rules. Chakmakian is silent on why his client, as a teacher’s aide charged with overseeing that the children followed such a direction, negligently allowed little Joseph to get so out of control that he allegedly plowed her over.

   In the aftermath, Tomack is claiming that she is no longer able to return to work, a feat she apparently had a hard time accomplishing even before the incident. She is also claiming that the back injuries she suffered on that particular day, as opposed to a pre-existing or degenerative condition, required her to undergo spinal surgery.

   If I were little Joseph, I’d seriously consider filing a cross-complaint for indemnity against Tomack and the school based upon their obvious contributory negligence.

   In any case, two shout outs of shame are in order. One for Tomack for attempting to use little Joseph as a lottery ticket to retirement and one for Chakmakian for chasing the ambulance.

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