Girl tackled in driver's ed class sues school

Steve Gonzalez Dec. 13, 2005, 6:16am

Collinsville High School

Rhoda Mitchell of Collinsville is suing her daughter's high school because the girl was hurt playing a tackling game "sharks and fish"--during a driver's education class.

Mitchell claims her daughter, Heather, was injured at Collinsville High School while participating in the activity that had nothing to do with the class she was taking.

In a suit filed Dec. 9 in Madison County Circuit Court, Mitchell claims that on Dec. 10, 2004, her daughter's teacher allegedly required the students to play the game in which the sharks tackle the fish.

"Heather Mitchell was tackled at the legs by another student playing sharks and fish, causing her to fall and fracture a bone in her left foot," the complaint states.

According to the complaint, small females--fish--were tackled by large male students--sharks--who were experienced in playing organized football for the school team.

Mitchell claims Heather told her teacher of the injury but was not given any medical attention by the teacher, the school nurse or any other medical provider.

She claims the school also was negligent for allowing students to physically tackle other students as part of a class activity, without any education, training or instruction being given to the pupils.

Her daughter sustained severe and permanent injuries, both internally and externally, the complaint states.

It also states that numerous parts of her nervous system were injured and functions impaired and suffered great pain and anguish and has spent money for medical care including pharmaceutical expenses.

"Collinsville High School had a duty of exercising due and reasonable care and caution in maintaining the school property, curriculum, and the functions at the high school."

Mitchell is represented by Steven Giacoletto of Collinsville.

The case has been assigned to Circuit Judge George Moran.

05 L 1252

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