A Mount Vernon parent is suing the Maranacook area school district, saying it was negligent because it failed to keep her daughter after school as requested and instead dropped her off in subzero weather, which resulted in her suffering injuries and stress.
The school district, in a written response to the complaint filed in Kennebec County Superior Court, denies any negligence.
Attorney Peter Clifford filed the lawsuit earlier this month for Melissa Hall, mother of Alexandra Hall, against Regional School Unit 38. Hall is seeking money for damages, which she says include severe personal injuries.
Hall says in the complaint she called Mount Vernon Elementary School on Jan. 23, 2013, to say that Alexandra, then 8, would be picked up by her father “and that she was not to get on the bus as no one was home.”
Hall says the school failed to keep her daughter out of the bus line.
“Therefore Alexandra was dropped off at home by a school bus driver controlled by RSU 38 with no one present,” the complaint says. “Alexandra was unable to get into her locked residence and began to walk back towards the school.”
The temperature was described as about -1 degree Fahrenheit, and Hall says her daughter suffered “severe and permanent injuries to her body and great emotional stress.”
On Thursday, Clifford said some problems remain as a result of frostbite to the girl’s right hand.
“According to her mother, Alex has problems when it’s cold or wet out,” Clifford said. He said those problems include pain in her hands and sore fingers and that neurologists say the sensitivity to cold might be permanent.
“This is a serious medical problem and a very troubling event that the school system never should have allowed to take place,” Clifford said.
The school, in a response to the complaint filed in court by attorney Hannah King, says the call from Hall parent came 10 minutes after the school day ended, but denies the other allegations.
“RSU 38 admits that Alexandra was, at the normal time and consistent with past practice, dropped off at her home by the school bus driver,” the response says.
In one of the defenses listed, the school district says that Hall’s claims “are barred by the immunity provision of the Maine Tort Claims Act,” which governs civil liability of government entities, including school districts.
King said Friday that the superintendent of RSU 38, Donna Wolfrom, wanted to emphasize that safety is the number one priority of the school, but does not feel comfortable discussing pending litigation.
The case has been assigned to Justice Robert Mullen, and the discovery deadline is set for June 21.
Betty Adams — 621-5631
Twitter: @betadams
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