Student doing cartwheels in unattended classroom sued over bystander's broken jaw

By Kyle Barnett | May 27, 2014

Ron A. Austin

GRETNA – The parents of a local elementary school student are suing after their daughter’s jaw was allegedly broken when she was kicked in the face by a students doing cartwheels in an unattended classroom.

Fabian Price and Tenisja Clark, on behalf of their minor child, filed suit against Jefferson Parish School Board, Chateau Estates Elementary School, Coleen Winkler, Leann Lomongo, Kaitlin Kisela and their insurers in the 24th Judicial District Court on April 29.

Price and Clark assert their daughter was kicked in the face by another student who was doing cartwheels in a classroom under the supervision of Lomongo at Chateau Estates Elementary School where Winkler is principal. The plaintiffs claim that their daughter sustained severe and debilitating injuries in the incident including fractures to both sides of her jaw. Price and Clark allege that the plaintiff’s breached their duty of care by leaving students without adequate supervision.

The defendant is accused of leaving the classroom unattended, failing to keep a proper lookout, failing to keep students safe and free from harm, falling below the applicable standard of care, failing to keep students safe and free from harm, reckless endangerment, reckless indifference and intentional tort.

An unspecified amount in damages is sought for loss of enjoyment of life, physical disability, mental pain and suffering, disruption of bodily tissues and cells, disfigurement and medical expenses.

Price and Clark are represented by attorney Ron A. Austin of Harvey.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 737-923.

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