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Teacher's Aide Sues Student, 11, Over Ice Cream Incident

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posted on Apr, 6 2009 @ 12:26 PM
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Teacher's Aide Sues Student, 11, Over Ice Cream Incident


www.foxnews.com

Rosanna Tomack, a former teacher's aide at PS 94 in Little Neck, Queens, is hauling little Joseph Cicack into court after the youngster barreled into her and knocked her down, injuring her bad back, according to a lawsuit filed in Queens Supreme Court.

Joseph, about 8 at the time of the May 2006 incident, is above the age when a child can be sued, according to Edmond Chakmakian, Tomack's lawyer.

He said that the kids were specifically told not to run for ice cream, but the student didn't follow the rules and, as a result, Tomack, 62, was forced to undergo spinal fusion surgery. She has been unable to return to work.
(visit the link for the full news article)




posted on Apr, 6 2009 @ 12:26 PM
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The news is getting crazier and crazier each day. It's actually so wild that it's almost like tabloid material these days, less than believable.

Accidentally knocked the teacher's aide over and they get sued?

When I go to a lawyer and say that I want to sue somebody, the send me on a goose chase from lawyer to lawyer, trying to find the right kind of lawyer until I give up.

How is this chick able to sue for this? How will she collect? Is the dude going to go into a debtor's camp for being unable to pay? Are the parents going to put cash up?

www.foxnews.com
(visit the link for the full news article)



posted on Apr, 6 2009 @ 12:35 PM
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This is interesting. Obviously the aide suffered quite a bit, but blaming an 8 year old for running for ice cream? You can't stop kids being kids.

I'm also curious as to what happens to an 8 year old who gets a judgment against him. Similarly, my son of about the same age is constantly getting bills in the mail, addressed to him specifically, from a radiologist that X-rayed him for a sprained ankle. I'm waiting until they actually call and ask for him by name, I'm sure that conversation will be amusing.



posted on Apr, 6 2009 @ 12:44 PM
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That is so sad.



.........................................................................



posted on Apr, 6 2009 @ 01:17 PM
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This isn't so surprising. Spinal fusion surgery isn't cheap or fun...Who would pay for the surgery? What about the wages she is probably losing? It was the child's fault, so either he needs to pay up or his parents do. I'm sure it will be his parents paying, of course.



posted on Apr, 6 2009 @ 01:22 PM
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Teachers Aide, Meaning work for the school, meaning workmans comp should have paid for it, meaning this lawsuit is garbage. meaning wtf.



posted on Apr, 6 2009 @ 01:23 PM
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Originally posted by suicydking


I'm also curious as to what happens to an 8 year old who gets a judgment against him.


I would assume that, if the Teachers aid won, the Parents of the child would be responsible for payment of the settlement.

As for your son, I would love to be a fly on the wall when a debt collector calls and asks for him. How funny



posted on Apr, 6 2009 @ 01:24 PM
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ummmm..............................

i dont know what to say



posted on Apr, 6 2009 @ 01:26 PM
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I usually hate to post on such obvious BS, but this caught my eye.

I was wondering just the other day, when did we stop treating all "accidents" as just that, and start treating them as malicious acts?
I mean, how many times have you been bumped, or you slipped, ar something stupid (blah blah etc.)?

I understand holding people accountable for gross negligence, or even mistakes that could have been easily avoided, but what the heck is this?

You are right in your O.P., that this does seem like a cartoon.

But I think it worrisome for other reasons than some kid being sued.

I am worried that we are a society that is always looking for someone to blame.
I mean, shouldn't it be expected that a child can, and will, run you over/be tripped over/blah blah etc., when you are working as a teachers aid?
It seems more like this person was looking for a payday after what amounts to a complete accident/ daily occurance (blah blah etc.) ?



posted on Apr, 6 2009 @ 01:35 PM
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Originally posted by MegaCurious


The news is getting crazier and crazier each day. It's actually so wild that it's almost like tabloid material these days, less than believable.

Accidentally knocked the teacher's aide over and they get sued?

When I go to a lawyer and say that I want to sue somebody, the send me on a goose chase from lawyer to lawyer, trying to find the right kind of lawyer until I give up.

How is this chick able to sue for this? How will she collect? Is the dude going to go into a debtor's camp for being unable to pay? Are the parents going to put cash up?

www.foxnews.com
(visit the link for the full news article)


It must have been a long time since you were last at elementary school. I'm 17 and I remember it all too well. Kids were crazy. I'm sure all this poor woman had in mind was a relaxing afternoon watching the kids while they enjoy an ice cream cone. I highly doubt malicious intent on behalf of the lady. Kids aren't that naive. He was being a moron; he should be taught a lesson. Then again, I wasn't there but I can imagine the kid losing all self control once the ice cream was brought out and running to it in a violent mad dash despite constant warnings.

[edit on 6-4-2009 by cognoscente]



posted on Apr, 6 2009 @ 01:39 PM
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I highly disagree. Children are children, which is where the phrase comes from.

Children should not act like idiots, and should be guided. But holding an 8 year old responsible (sueing, anyways) for knocking down a person is stupid.

Seriously, frickin' idiotic.



posted on Apr, 6 2009 @ 01:42 PM
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Not sure how it works in New York but in Texas, I was sued at the age of 16 and since of course I had nothing to go after, the police officer went after my parents instead in the lawsuit (which was eventually dropped due to the fact the officer was the one in the wrong as was later proven).

The child's parents could possibly be named in the suit if this is the case up there.

It is sad though. A lawsuit might be extreme and I, too, am curious about why workers compensation or the school isn't paying for this. However, I feel bad for the aide when the kids are specifically told not to do something but they do it anyways and she suffers an injury worthy of spinal surgery. Being that she is elderly and now cannot work makes it even more unfortunate.



posted on Apr, 6 2009 @ 01:47 PM
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Just a thought though Ash-

If a person is in such a state that an 8 year old can cause such injuries, should they have that job?
I know that everytime I take a job, I am given a list of the minimum requirements first...
-JJ



posted on Apr, 6 2009 @ 01:49 PM
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reply to post by jasonjnelson
 


lol I was just thinking about something similar but not exact. My ONE child wears me out and I'm 29. No idea how a 62 year old woman would have the energy to oversee an entire school yard of them!


But very true. If you are frail like that, being around rambunctious children requires discernment. Ice Cream stampedes: Not fun. lol



posted on Apr, 6 2009 @ 01:50 PM
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Gotcha'

But what else is she going to do? A spine injury is a pretty big deal and unless her obviously meager income is being supplemented by a spouse she might have few options.

I was involved in an organized cupcake stealing ring when I was 9. I hadn't started it, but running around with my friends was definitely fun. It definitely wasn't fun, however, when I got caught. Thereafter, I had to help clean the staff room during lunch hours every day for the rest of the year, and my father would unload a bag of dirt on the sun deck every night for me to scrub down with a wash cloth. I think at some point you have to learn there is a whole world operating around you. I think you're only a kid until your first "accident"; after that you know what's going on. It was unfortunate that the lady had spinal problems. However, I doubt she was brimming with relief as her back snapped.

[edit on 6-4-2009 by cognoscente]



posted on Apr, 6 2009 @ 01:50 PM
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Chakmakian said the suit was aimed at recovering damages from an insurance policy that covers his parents' home.


from the news article


This does not surprise me one bit. It seems that this is something that the insurance company is making happen. Insurance companies are alot of what is wrong with this country. It is a legal form of thievery, fraud, deception, etc.
I absoulutely despise insurance companies.



posted on Apr, 6 2009 @ 01:52 PM
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this is very similar to a situation I find myself in. I am not sure how the legal system works here in the UK but my 13 yr old daughter was cycling across a pedestrian crossing. The traffic had stopped and she crossed after the driver in the near side lane beckoned her across. She trusted this decision and went, however the lights for the traffic were still on green and a 4x4 clipped her bike and knocked her to the ground. Fortunately, she only suffered grazes and there was no damage to her bike. The driver of the 4x4 then sent me a bill because she claimed her car was not handling correctly, she also has tried to claim for lost wages and a hire car for when her car was repaired. I was dubious so did not pay, she is now threatening to sue my daughter.
Admittedly, my daughter was in the wrong for riding her bike across a pedestrian crossing and she failed to check the lights also, but I find it hard to believe that a petite 13 yr old could do this much damage to a 4x4.



posted on Apr, 6 2009 @ 02:02 PM
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Eight years ago, I was waved across a four lane road by the nearest driver, and then was struck by a car in the next lane.
I broke my skull, and had other numerous injuries.

In the end, I was sued for over three thousand dollars for the damage to the car.

AND, the lady was on a cell-phone when it happened.

But at least I was an adult, and should have used the cross walk.

Now I can't remember 4 years of my childhood.

No joke.



posted on Apr, 6 2009 @ 02:26 PM
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This woman has it all wrong... She should take the maker of the ICE CREAM to court. They made that stuff horribly delicious, enough so to drive little boys wild. She should also take the school to court. After all the School allowed the evil ice cream to be present. Cows should also be held liable as they make the milk used for the production of said ice cream, and while we are at it, go after anyone who makes ice or refrigeration units.

If you do not agree with my post, I will take you to court for emotional trauma.

Other than that, Workmans Comp and her health insurance should come in to play. Accidents happen and that is what insurance is for. Taking a child to court over an accident should be a criminal act. People are way too litigious these days.



posted on Apr, 6 2009 @ 07:39 PM
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On one hand I feel bad for the kid because of the emotional trauma of being sued, and he's only 11, but on the other hand that poor woman. She won't be able to teach anymore and will have to live off crappy Social Security benefits if she can't get any money from court.

It's very sad indeed, and I wish the school insured her.




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