Martin Murrillo and Roberta Gomez, the father and mother of Moises Murillo, brought the lawsuit Thursday in Los Angeles Superior Court, also naming as a defendant HLPUSD Superintendent Cynthia Parulan-Colfer. The wrongful death/negligence suit seeks unspecified damages.
The district previously released a statement regarding the boy’s death.
“Our school community has experienced a tremendous loss,” the statement read. “Our thoughts and prayers are with the Murillo family. We have shared our condolences with the family and we hope you will join us in respecting their privacy during this difficult time.”
The boy was diagnosed with Down’s Syndrome at an early age and was admitted to an individualized education program at Sunset Elementary School in La Puente in March 2012, the suit states. On May 31, while in a classroom, the boy suffered critical injuries when he fell out of a chair that was supposed to have a safety restraint engaged and fractured his neck, the suit states.
The boy went into cardiac arrest and was taken to Queen of the Valley Hospital in West Covina, the suit states.
The student was later transferred to Children’s Hospital of Orange County in Orange, where he died June 4, the suit states.
“Compulsory education laws created a special relationship between students and (school districts) and students have a constitutional guarantee to a safe, secure and peaceful school environment,” the suit states.
The suit alleges the HLUPSD “failed to provide safe surroundings … including … allowing (Moises) to be unsupervised and unrestrained during his class.”
Parulan-Colfer, other district administrators and the school staff did not have a policy in place to adequately supervise students like Moises inside and outside of their classrooms, the suit states.
–City News Service
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