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Negligence lawsuit filed against school district

October 2, 2012
By MICHAEL ANICH , The Leader Herald

JOHNSTOWN - A city man filed a negligence lawsuit Monday against the Greater Johnstown School District, alleging his son was severely injured almost a year ago on the Pleasant Avenue Elementary School basketball court.

Tracy Tyler of 516 N. Perry St. filed the civil suit - on behalf of his son, Joshua Tyler - against the school district in state Supreme Court in Johnstown. The Tyler family is represented by attorney Anthony Casale of Gloversville.

The lawsuit seeks unspecified monetary damages against the school system.

Court papers state that the younger Tyler was a student at Pleasant Avenue Elementary School on Oct. 21, 2011. The suit says that Joshua Tyler was participating in lunch recess and "due to the negligence on the part of the" district and its employees, another student collided with the boy while he was standing on the court outside the school.

The lawsuit says the victim "violently collided" with the surface of the basketball court, head-first, causing him "serious injury." The boy was rendered "sick, sore and disabled" and he suffered both internal and external injuries, the suit says.

Casale said the boy had to go to Albany Medical Center and has since "basically" made a full recovery.

The suit added: "The defendant had a duty to provide appropriate care and safety for individuals attending its public schools during the course of the school day ..."

"I don't recall," Greater Johnstown School District Board of Education President Paul VanDenburgh said today of the incident.

VanDenburgh said he can't comment anyway on the legal matter, which will probably be handled by either the school district's legal counsel - the Girvin & Ferlazzo law firm of Albany - or its insurance carrier.

Michael Anich covers Johnstown and Fulton County news. He can be reached at johnstown@leaderherald.com.

 
 

 

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