The Supreme Judicial Court heard arguments Thursday on whether to overturn a lower court ruling to dismiss a lawsuit against the city.
The case stems from a 2008 incident when then 11-year-old Matthew Mumbauer, a student at the Brickett Elementary School, suffered a paralyzing spinal injury that left him a quadriplegic.
His parents, James Mumbauer and Alyssa Cormier, filed suit alleging Matthew was injured when he was pushed down a flight of stairs by another student. The complaint also alleged the school staff was aware their son had been the victim of frequent bullying by students and failed to take action.
Earlier this year, the Massachusetts Appeals Court upheld a unanimous ruling by a lower court decision to dismiss the suit against the city.
But attorneys for the boy’s family argued before the SJC that every child should have the right to be spared discrimination and no child should fear attending school or be assaulted and paralyzed for life as a consequence.
Still, James Lamanna, the city attorney, presented evidence that careful records had been kept of instances of bullying at the school and there was not a single incident where Matthew had been a victim.
He argued state law protects public employees from such lawsuits and the case should be dismissed.
The case is expected to be decided early next year.
