FILED: NIAGARA COUNTY CLERK 06/28/2019 04:15 PM INDEX NO.

E169285/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2019

STATE OF NEW YORK

SUPREME COURT : COUNTY OF NIAGARA

and as parents and guardians of

Lockport, NY 14094

Claimants, NOTICE OF CLAIM

-Vs-

Claim No.
STARPOINT CENTRAL SCHOOL DISTRICT
4363 Mapleton Road
Lockport, NY 14094

Respondent.

PLEASE TAKE NOTICE that the undersigned,

as parents and guardians for the claimants herein, pursuant to statutes in such

cases made and provided, do hereby make the following claim and demand against the

STARPOINT CENTRAL SCHOOL DISTRICT, and in support thereof state:

1. The name and post office address of the claimants is and

as parents and guardians for residing at

Lockport, NY 14094.

2. The attorney for the claimants herein is Robert A. Crawford, Jr., Esq., of Kenney

Shelton Uptak Nowak LLP, post office address: The Calumet Building, 233 Franklin Street, Buffalo,

New York 14202; and telephone number: (716) 853-3801.

3. This claim arose as a result of the negligence of the respondent, STARPOINT

CENTRAL SCHOOL DISTRICT, while infant-claimant was a student attending

various schcals in the school district located at 4363 Mapleton Road, Lackpcit, New York.

4. The negligence, reckless and possible intentional acts of the district includes but

is not limited to failing to address and/or inadequately addressing numerous instances of bullying

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County
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and harassing of beginning in the 7thh grade and continuing to the present time; in

negligeñtly supervising those students and/or faculty involved in such bullying and harassing

activity; and was otherwise negligent and/or reckless.

5. More specifically and by way of example, upon information and belief,

STARPOINT CENTRAL SCHOOL DISTRICT and/or its employees failed to provide adequate

supervision over students, including but not limited to the claimant, on Aprit 2,

2019. Five days prior, on March 28, 2019, the claimant received five days of in-school suspension

"vaping"
for in a school bathroom. During this suspsñsion, the claimant was not permitted to go

to the bathroom unsupervised. On April 2, 2019, the claimant, went to the

bathroom unsupervised and was later found unresponsive in a hallway within the schesi. The

claimant later admitted to smoking an electronic smoking device that contained THC while in the

bathroom. The THC was provided by another student who was not supervised.

6. Due to the aforemêñtioned incident, the claimant was injured and

was caused to be transported to Oishei Children's Hospital of Buffalo. At the hospital, the Niagara

County Sheriff's department classified the incident as an overdose.

7. Said incideñt and claimant's personal injuries and other damages hereinafter set

forth were caused by reason of the aforesaid negligence of STARPOINT CENTRAL SCHOOL

DISTRICT, its officers, agents, servants and empicyees, and without fault or negligence of

claimants.

8. The negligence of STARPOINT CENTRAL SCHOOL DISTRICT, its officers,

agents and employees, consisted of, among other things, the following: failing to properly address

the bullying and or harassment which the disMd knew or show have known was occurring;

negligently failing to supervise the infant claimant and permitting him to go to the bathroom

unsupervised, failing to supervise other students and/or faculty; failing to adhere to internal school

policies and procedures that were established by the school district regarding the infant claimant

and other students in intemal suspension, and failing to exercise such care as a parent of ordinary

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prudence would observe in comparable circumstances. Addiscñally, the respondent was

otherwise careless, reckless and negligent in other ways which may become apparent upon the

discovery in this action.

9. That by reason of said ñêgñgence, care'sssness, and iskiessness of

STARPOINT CENTRAL SCHOOL DISTRICT, claimant, was caused to suffer

serious, sigñlficant and permanent injuries from the incident, including, but not |imitsd to,

psychological and emotional harm as well as pain and personal suffering. The total sum to be

claimed for such injuries and damages has not yet been determined as of date.

10. Further, by virtue of the negligence, carelessness, and recklessness of

STARPOINT CENTRAL SCHOOL DISTRICT, claimant has incurred hospital and medical

expenses and other necessary related expenses, the amount of which is undetermined to date.

11. This claim is filed within ninety (90) days after the claim accrued as required by

law.

WHEREFORE, claimants individually and as

parêñts and guardians for demand judgment against the rsspoñdent,

STARPOINT SENTRAL SCHOOL DISTRICT, in an amount to be determined.

Dated: Buffalo, New York

June 28, 2019

KENNEY SHELTON LIPTAK NOWAK LLP

Robert A. Crawford, Jr., Esq.

Attomeys for Claimants
The Calumet Building
233 Franklin Street
Buffalo, New York 14202

(716) 853-3801

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FILED: NIAGARA COUNTY CLERK 06/28/2019 04:15 PM INDEX NO. E169285/2019
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STATE OF NEW YORK )

) ss.:
COUNTY OF ERIE )

being duly swom, says: I am the claimañt above named; I have read the foregoing
Notice of Claim and know its contents; the same is true to my own knowledge, except as to the
matters therein stated to be alleged on information and belief, and as to those matters I believe it
to be true.

Sworn to before me this

11_ day of June, 2019.

Notary Public
ROBERT A. CRAWFORD
Notary Public, State of New York
Qualified in Erie County
Commission Expires
4/11/-h

STATE OF NEW YORK )

) ss.:
COUNTY OF ERIE )

being duly swom, says: I am the claimant above named; I have read the

foregoing Notice of Claim and know its contents; the same is true to my own knowledge, except
as to the matters therein stated to be alleged on information and belief, and as to those matters I
believe it to be true.

Sworn to before me this

2day of June, 2019.

Notary Public

ROBERT A. CRAWFORD
Nota y Public, State of New York

Com est a EŠi s 4/ 1/

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