Thursday, September 29, 2005

Seeking Counsel

Anyone know a good lawyer?
After reviewing Joshua's written statement, and collecting the statements from the other students present, there have been no determinations yet as to fault.
The other party involved did not show up for the meeting. This did seem to concern the superintendent/principal/vice-principal because the kid was supposed to have been there. Duh.
Here's what knowledge we have gleaned thusfar:
Boy #1, we'll call him "Tim", recently transferred to this class from another. Tim has a folder. Joshua does not. Tim is an asshole. Joshua is not. haha! I'm just kidding. He can be.
Anyway, to stick with the facts, and the facts alone...
Which came first the chicken or the egg. Who started it? Who knows, really? End result: teacher stepped in, got shoved into a door, thus breaking her nose, which requires plastic surgery.
School district says they will get the bill first, but SOMEONE is going to be responsible for it in the end, and they WILL NOT HESITATE taking it to court to settle the matter. Add in the police involvement for 1) disorderly conduct and 2) reckless endangerment - charges which I have been informed should only be "summary offenses", since The Boy is a minor, granting him a clean slate after age 18.
I really do feel bad for the teacher. She was merely a sub who didn't even want to be there that day, but they begged her to come. And I do agree that someone should pay for her medical treatment. What concerns me, however, is that this could very easily escalate into her suing the school district for failing to ensure a safe working environment, her seeking other damages, money for time lost from work, emotional distress, pain, suffering, halitosis and hangnails.
And, Joshua was indeed "involved" in one form or another. Most of the statements indicated that Josh was pushed/shoved/slammed backwards into the teacher, which should mean that the kid doing the pushing is to blame. Right? At this point, I wouldn't mind just settling for half of the medical bills and admitting half-fault. But that is not an option. The district has slipped into CYA mode*, and is steadfastly determined that their lawyers will be "Working diligently to make this fair for everybody". Right on.
I do know a good defense attorney and if the last case I was a juror on serves as any indication of his ability, I would pay this man in blood to represent us. I'm broke as it is. I just need to protect our rights (assets), in case this woman AND the school starts getting greedy. If the other party involved, Tim, gets to shoulder the bulk of the blame, then that would be okay.
I never thought I would ever be involved in something like this.
This is so "Jerry Spr!nger", and I can't stand it. As much as I joke around about bitterness, anger, and violent behavior, we are NOT those kind of people, I swear on a stack of Poise pads. It is embarrassing, and I am ashamed.
Pardon me while I go cry again.

*edited to explain:
I suppose when discussing juvenile offenders, one should not throw random phrases around to further confuse the matter. For those of you who may have been confused, "CYA" in this case was meants as "Cover Your Ass", not Children and Youth, as some may have thought. Now, excuse me while I try to bake a file in a cake.

4 Comments:

Blogger Catherine said...

Well, I don't practice in PA, but I'm friends with our Juvenile Prosecutor in my office...I can ask her opinion if you'd like. :o)

Thu Sep 29, 10:50:00 AM EDT  
Blogger Jillian said...

Julie, Julie, Julie:( You cry as much as you want! It seems as though Josh should be mostly exhonorated, but I guess it ain't over til it's over.

I'm so sorry you are going through this right now. I'm just really really sorry. Nothing like a kick when you're down huh?

Thu Sep 29, 04:49:00 PM EDT  
Blogger laura said...

when it rains, it pours. i'm so sorry you're going through this at all, much less at the same time your husband's health is up in the air and you're worrying about the pregnancy. may it all clear up to your advantage, and soon.

Thu Sep 29, 10:45:00 PM EDT  
Blogger Jillian said...

I can't help thinking about this and if the job went down like you said, then punishing Josh would be like blaming the bullet for shooting someone.

That other toerag was the gun/trigger finger and Josh the bullet.

AND I cannot believe the other kid never even turned up.

If I was the judge, you would have already won this whole mess. I'm very indignant on your behalf!

Fri Sep 30, 08:42:00 AM EDT  

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