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Last week, Justice Lewis Lubell ruled that the Irvington School District was not liable to pay for the injuries special education teacher Clarice Martin suffered last year, citing the fact that they were work-related, stating that the court determined she “failed to state a viable claim against the (district).”
Martin had alleged that she suffered “grievous and permanent injuries,” following an incident on March 16 last year when she said in a lawsuit that she was struck in the head by a student known to have violent tendencies with a closed fist.
Martin alleged in the lawsuit that her injuries include a concussion, post-concussion syndrome, adjustment disorder with depression and anxiety, post-traumatic vision syndrome, injuries to her head, neck, shoulders, vertigo, nausea, headache, impaired sight, sleeping, balance and walking issues, fatigue, noise and light sensitivity, inability to concentrate, speech impairment, memory loss, nightmares, cervical muscle strain, pain, numbness and tingling.
In the lawsuit, it was alleged that "the defendants were negligent, careless and reckless to remove the (student) from the Irvington School District due to his documented violent behavior. They failed to prevent (the student) from striking Martin with a closed fist upon the top of her head, driving her head down to her spine, causing grievous injuries."
Martin also alleged that she has suffered a loss of income and potential retirement benefits. In the lawsuit, she claims that there had been prior notice of violent behavior from the student and that the school district is culpable for the incident.
In his ruling, Lubell stated that "the issue of whether the defendants' acts constitute an intentional act such as would bring her claim outside the ambit of the Workers Compensation Law is not properly before this Court."
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