$35M bullying suit against Lynn schools dismissed

LYNN – A judge tossed out a $35 million lawsuit against the city, claiming no proof of bullying was demonstrated in the suit by the family of a former Brickett School student who suffered a paralyzing spinal injury in 2008.Superior Court Justice Robert Tochka in his dismissal order did not minimize “the harmful consequences of school bullying,” but wrote that no facts were presented in court to prove Mathew Mumbauer was bullied.”Nor are there any facts demonstrating that the Lynn School District or its employees failed to take appropriate action to remedy this bully, if it did exist,” Tochka wrote in the order.City attorney James Lamanna called Mumbauer’s injuries “a tragedy,” but said Tochka found no evidence “by the Lynn School Department that would create the situation or condition that caused the injuries.””Obviously, given the severity of Mathew’s injuries and the settlement demand was $35 million, this was a high priority case for the city, and the city solicitor’s office is pleased with the decision,” Lamanna said.Susan Bochnak, attorney for the Boston firm Sheff Law that represented Mumbauer, declined to comment on Tochka’s decision except to say, “this litigation is ongoing.”In 2010, Sheff filed its suit stating that Brickett School employees failed to prevent bullying at Brickett and “displayed a callous and complete indifference to such activities.” Sheff attorney Donald Grady stated in the lawsuit that Mumbauer in March 2008 was pushed by another student down a set of stairs.The lawsuit claimed spinal injuries suffered in the fall left Mumbauer paralyzed. The suit also claimed school employees failed to get Mumbauer immediate medical care and failed to adequately monitor student movement on the stairs.In his motion to dismiss the lawsuit, Lamanna argued that former Brickett Principal Debra Ruggiero documented reports of bullying in the school and said a review of those reports turned up no complaints or reports concerning Mumbauer.In his dismissal order, Tochka noted that Mumbauer’s mother, Alissa Cormier, “on multiple occasions” in 2007 and 2008 told Brickett employees Mathew was harassed and bullied. But Lamanna said the judge’s decision dismissing the bullying complaint also “affirmed the legal principal (sic) that a municipal school district is not responsible for injuries caused by private actors not employed by the school district.”