Unfortunately, this is precisely what happened. Two days later, the other student had some friends “jump” my client on the way to school; they held my client down while the other student repeatedly beat my client, ultimately fracturing his jaw in two places, which later required surgical correction.
The municipality, which ran the middle school, moved to dismiss the lawsuit on the grounds that they were not responsible, as the incident occurred off of school grounds. In response, I cross-moved for judgment on liability, arguing that “if the Court were to accept defendants’ argument, a school with tacit, actual knowledge of an impending danger that became manifest during school against one of its own students remains free to bury its head in the sand, and deliberately cast a blind eye to the clear and present danger facing that child as well as its duty to protect that child as its de facto parent.” Fortunately, the Court agreed with our position. We won.