ST. JOHNSVILLE - The father of a student at St. Johnsville Jr.-Sr. High School is suing the school district on behalf of his son, who the suit says was assaulted by another student at a dance at the school.
Jason Dillenbeck filed the suit in State Supreme Court on behalf of his son, Anthony Dillenbeck. The suit says Anthony Dillenbeck was attending a dance at the school on Sept. 23, 2011, when another student, Kyle Horender, assaulted him, "causing serious injury."
School district employees "either knew or in the exercise of reasonable diligence should have known" that Horender "posed a threat of unreasonable danger and risk of injury to other students," according to the suit. District employees "negligently and carelessly failed to adequately monitor said student and negligently and carelessly failed to provide for the safety" of Anthony Dillenbeck.
A 50h hearing was held Dec. 8, 2011, according to the suit. When a lawsuit is filed against a municipality or a school district, lawyers for both sides are allowed to ask questions at a 50h hearing to determine the facts of the case, the lawsuit said. A physical examination by a qualified physician can be part of a 50h proceeding, according to New York municipal law.
The suit asks for unspecified damages "in an amount which exceeds the jurisdictional limits of all lower courts," together with costs and disbursements associated with filing the suit.