Hum Posted March 13, 2008 Share Posted March 13, 2008 DANBURY, Conn. ? A 16-year-old Connecticut high school student who fell asleep in class says he suffered substantial hearing loss when his math teacher smacked her palm down on his desk to wake him up while she was teaching. Now his parents are planning to sue Danbury High School, the Connecticut Board of Education and the city of Danbury on his behalf. Vinicios Robacher's father, Soel Robacher, claims that his sleepy son's left ear was resting on his desk on Dec. 4 when math teacher Melissa Nadeau slammed her hand down so hard that his eardrum burst:huh:h: Robacher says his son experienced an almost complete loss of hearing. Since then, though some of his hearing has been restored, the boy has been through extensive medical treatments with ear, nose and throat specialists and could require surgery to fully rectify the damage, according to documents obtained. The Robachers' lawyer said the complaint filed with the city last month isn't a lawsuit but a warning that a claim is being investigated and a suit could follow. "We don't have all the facts," said attorney Alan Barry of Alan Barry & Associates. "The facts that we don't have are a complete analysis of the medical condition. There is no question in our mind about what happened and the damage to this child's hearing." Barry said he wants to know Nadeau's teaching history and is prepared to fight to gain access to her personnel records. Danbury High School Principal Catherine Richard and Nadeau weren't available for comment, and all media inquiries were referred to schools Superintendent Sal Pascarella, who didn't immediately return calls. Danbury Mayor Mark Boughton said he wasn't qualified to speak about the matter because, under Connecticut law, it is solely under the jurisdiction of the Board of Education. "I don't have any knowledge of it. I don't have any comment," Boughton said. "It's really up to the Board of Ed to handle." The Robachers declined requests for an interview, referring all questions to their lawyer. To date, they have refused to allow their son to speak to the press. Barry said the boy's ear hurt instantly after Nadeau hit his desk. "He woke up and immediately felt pain in his ear," Barry said. "I think he was so taken aback that he didn't say anything at the time." The next day, Vinicios' parents took him to the hospital after he complained of hearing loss and they discovered a bloody fluid on his pillow. Not surprisingly, the case has drawn its share of ridicule and bad publicity, and the Robachers' lawyer said students have been teasing Vinicios at school. Though the parents are undeterred in their aim to pursue the matter legally, they're considering transferring their son to a private school, Barry said. "There has been a certain amount of negative backlash for making this claim," he said. "I fully expected it and I really understand that. What's a little bit disturbing is the fact that nobody's saying if you fall asleep in class, it's OK for your hearing to be damaged." Barry filed the documents with the Danbury City Clerk on Feb. 25. He said he is getting no compensation for representing the Robachers and will get paid only if a lawsuit is filed and won. He'll get one-third of the amount of a settlement or damages, he said. source Link to comment Share on other sites More sharing options...
Dick Montage Posted March 13, 2008 Share Posted March 13, 2008 Ridiculous! Link to comment Share on other sites More sharing options...
kombolcha Posted March 14, 2008 Share Posted March 14, 2008 that's happened to me before.. didn't lose my hearing, but it hurt.. talk about the right/wrong position he was in and right/wrong amount of force her hands used.. Link to comment Share on other sites More sharing options...
gigapixels Veteran Posted March 14, 2008 Veteran Share Posted March 14, 2008 She shouldn't have done that and he shouldn't have been sleeping. They both did something wrong, but she caused damage to his hearing and must therefore pay the price. Link to comment Share on other sites More sharing options...
psybapunk Posted March 14, 2008 Share Posted March 14, 2008 And what is the price, oh so mighty gigapixel? Link to comment Share on other sites More sharing options...
The Laughing Man Posted March 14, 2008 Share Posted March 14, 2008 Its possible actually, happened to me once when I was in HS, i was sleeping and somone slammed a book on my desk, felt like a grenade went off with massive ringing in my ears for 2 days. Link to comment Share on other sites More sharing options...
gigapixels Veteran Posted March 14, 2008 Veteran Share Posted March 14, 2008 And what is the price, oh so mighty gigapixel? I believe she should simply pay for any medical bills, but of course the parents are going to go for the throat and get as much as they can out of the lady (which I strongly disagree with). Link to comment Share on other sites More sharing options...
MGS4-SS Posted March 14, 2008 Share Posted March 14, 2008 Since when was it wrong to sleep in class? Link to comment Share on other sites More sharing options...
Groffy77 Posted March 14, 2008 Share Posted March 14, 2008 Sue her ass.. students usually only sleep in class because they were up so late the previous night doing homework. It's her fault and she should pay for it. I'm 100% on the kids' side. Link to comment Share on other sites More sharing options...
Abhishek kapoor Posted March 14, 2008 Share Posted March 14, 2008 student should SUe teacher and claim for his medical bills Link to comment Share on other sites More sharing options...
timmmay Posted March 14, 2008 Share Posted March 14, 2008 What's a little bit disturbing is the fact that nobody's saying if you fall asleep in class, it's OK for your hearing to be damaged. That comment by itself is disturbing! Link to comment Share on other sites More sharing options...
PermaSt0ne Posted March 14, 2008 Share Posted March 14, 2008 Since when was it wrong to sleep in class? every since school was created. it's in your school rules. they'll justify it under "distracting other students" or some other vague rule they have in their agreements you sign when you enroll your kids the kid shouldn't have been sleeping (its against school rules) and it was an accident. the teacher shouldn't have to pay any bills. sueing is a real great way to teach your kid how to take responsibility for his actions :rolleyes: although, she should have to take anger management because there's no reason to slam on a desk that hard just because a kid is sleeping in class :wacko: my teachers would just mess with the kids untill they wake up. they'd mess with their hair, go right up into their face and stare at them untill they woke up, draw charachaters on the white board, or give test answers away for free so they miss it. my favorite teacher even opened his water bottle half way and did a "round-the-world" with it getting the whole classroom wet because there were 5 kids with their heads down good times :D Link to comment Share on other sites More sharing options...
Blodia Posted March 14, 2008 Share Posted March 14, 2008 Sue her ass.. students usually only sleep in class because they were up so late the previous night doing homework. It's her fault and she should pay for it. I'm 100% on the kids' side. HA! Highschool? Homework? My ass. Probably up playing video games. I had all the free time in the world in highschool. Univeristy sucked it all away though. Link to comment Share on other sites More sharing options...
Mathachew Veteran Posted March 14, 2008 Veteran Share Posted March 14, 2008 Sue her ass.. students usually only sleep in class because they were up so late the previous night doing homework. It's her fault and she should pay for it. I'm 100% on the kids' side. Please tell me this was sarcasm. Please... Link to comment Share on other sites More sharing options...
dead.cell Posted March 14, 2008 Share Posted March 14, 2008 She could have woke him up in many better ways than the way she did. Hell, I had a teacher who'd simply put a detention slip on your desk if she found you sleeping. Closest thing I've seen to this was my teacher dropping a textbook, but that was in the center of the classroom. Overall though, I don't think the teacher expected this to happen. She is at fault though, despite it being accidental. Knowing how much teachers make, I'm betting she's getting screwed good and hard here. ... lol, damn though.. to burst someone's eardrum.. that's something you could brag about, ya know? "Don't f@#% with me pal! I once destroyed someone's hearing simply with the palm of my hand!" Link to comment Share on other sites More sharing options...
I am Reid Posted March 14, 2008 Share Posted March 14, 2008 Sue her ass.. students usually only sleep in class because they were up so late the previous night doing homework. It's her fault and she should pay for it. I'm 100% on the kids' side. I honestly can not remember one time durring highschool when I actually did homework. Everything that I had to do would be done in either study hall, or before I went to the class, never at home. Link to comment Share on other sites More sharing options...
The_Decryptor Veteran Posted March 14, 2008 Veteran Share Posted March 14, 2008 ...the kid shouldn't have been sleeping (its against school rules) and it was an accident. the teacher shouldn't have to pay any bills. sueing is a real great way to teach your kid how to take responsibility for his actions :rolleyes: ... Just because it was an accident, doesn't mean nobody is responsible. The kid shouldn't have been sleeping, but the teacher shouldn't have done that, her actions (and hers alone) caused this kid hearing damage. Link to comment Share on other sites More sharing options...
Hum Posted March 14, 2008 Author Share Posted March 14, 2008 Some kid sleeping in class never 'disturbed' me. ;) Link to comment Share on other sites More sharing options...
Pc_Madness Posted March 14, 2008 Share Posted March 14, 2008 Won't the school cover her in this situation? :\ Link to comment Share on other sites More sharing options...
Laurë Veteran Posted March 15, 2008 Veteran Share Posted March 15, 2008 She should pay his medical bills (and nothing more) and learn how to teach. When I get sleepy in lectures it's because they're boring. Link to comment Share on other sites More sharing options...
pyehac Posted March 15, 2008 Share Posted March 15, 2008 Sheesh. Next, you'll see bullies being sued for beating up school kids, stealing their money, or giving them a wedgie. Link to comment Share on other sites More sharing options...
FloatingFatMan Posted March 17, 2008 Share Posted March 17, 2008 Sheesh. Next, you'll see bullies being sued for beating up school kids, stealing their money, or giving them a wedgie. When an adult does that, it's called assault and mugging. When a kid does that, it's OK is it? Bullies should be arrested and charged criminally for such acts; or they just grow up to do the same as an adult. Assault is assualt. This teacher, by accident or not, caused this boy a grievous bodily injury. Not only should she get sued, she should face disciplinary action at the very least. Link to comment Share on other sites More sharing options...
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