What should happen here? Seems like a pretty open/shut case especially with the recording. What would a fair settlement be? Keep in mind that this will likely not involve insurance whether for the school bus company or the aide. Should the school bus company be held responsible and made to pay for the illegal and immoral acts of an employee? Should the employee be held entirely and financially responsible? What if the employee has no means of settling a judgement?
Standard commercial liability insurance policies do not cover for intentional bodily injury.
Should insurance defend the school bus company and aide and pay the settlement if so awarded?
PS...great idea using a recorder!
Lawsuit alleges school bus aide slapped autistic boy
BY LEEANN SHELTON Staff Reporter
A north suburban special education school bus aide slapped an autistic student who cannot speak, according to a lawsuit filed by the boy's mother, who claims she uncovered the alleged abuse after putting a recording device in her son's backpack.
NabihaZaya filed the lawsuit Wednesday against the Niles Township District for Special Education No. 807, and school bus company Positive Connections.
Zaya started putting the recording device in her son's backpack after she noticed he became reluctant to board his school bus, according to Zane D. Smith & Associates, the law firm representing the family.
The boy, IsiahOdisho, cannot speak and attends special education classes at the Julia S. Malloy Education Center in Morton Grove, the law firm said in a release.
According to the suit and the family's lawyers, the recording device revealed that an aide raised her voice at the boy on the bus in November of 2011, and yelled, "Get your hands out of my pocket," before slapping and hitting the child.
The same woman also yelled at the boy, "Get your hands off my chest or I will break your fingers. Word," before hitting him again, the suit claims.
The boy's family said he required medical treatment after being hit, according to the suit.
The lawsuit also names as defendants the bus aide and a bus driver who allegedly saw her hit the boy, but did not report it. There was no surveillance system on the buses, the suit says.
Neither the Evanston office of Positive Connections nor its parent company could be reached for comment Wednesday night. A message left for the school district was not immediately returned.
Zaya is seeking an unspecified amount in damages, plus the costs of the suit.
Source: Chicago Sun Times