An oral argument and trial are scheduled for a lawsuit involving Litchfield Elementary School District, where a parent alleges that a district representative misled him about another student physically abusing his special needs son, who is now emotionally changed and distressed.
LESD, which oversees three Verrado-based Buckeye schools, has an oral argument scheduled for Aug. 7 and four trial dates set for November.
Lawyers representing district parent Kevan Sutton claim the man's special needs son was assaulted by another student for about 25 minutes through the neglectful oversight of the district, which had a bus monitor on board, according to the complaint in Maricopa County Superior Court.
“The assault by the Unknown Student included scraping a foreign object across Mason’s face and stabbing Mason in the face with the object, repeatedly,” the court filing reads.
Representatives further contend he was not informed for another six hours that his son was injured. Upon notification, Sutton was told his son had self-inflicted the injuries.
Sutton later found out weeks later that a district bus camera captured the assault. It is unclear in the suit whether the district willingly misled the parent.
Trial set, new info
In deposition documents, Sutton claims he suffered a loss of consortium with his son and that after the event, his son’s behavior regressed, with heightened instances of self-harm.
Sutton also claimed his son was emotionally distressed, rarely leaving his room and hiding under his blanket to avoid interaction with others, according to court documents.
The incident happened April 5, 2023, during the last weeks of former Superintendent Jodi Gunning’s tenure at the district. Current superintendent Carter Davidson took over in May, roughly a month after the incident.
According to a June interview, the incident occurred while the outgoing transportation director was on his final vacation leave. After his leave, he was not informed during his final day or so.
Sources also told InBuckeye that reviewing bus video footage before informing parents of an injury is standard procedure.
Litchfield Elementary School District is seeking summary judgment, a motion to have the court decide certain issues in a case without a full trial, leaving other issues for trial.
LESD maintains Sutton provided “no evidence, expert or otherwise, that [the son] suffered a ‘severe, permanent, and disabling injury,’ as required to maintain a claim for loss of filial consortium,” according to filings.
The district also claims Sutton provided no evidence of his sons' “alleged physical or emotional injuries that have caused a ‘loss of capacity to exchange love, affection, society, companionship, comfort, care, and moral support.’”
LESD cited a deposition claim made by Sutton, claiming he hugs his son and plays kickball with him as evidence that he still can express love. In deposition documents, they also alluded to the son reaching puberty as an apparent defense for avoidant behavior.
Michael McDaniel can be reached at [email protected]. We invite our readers to submit their civil comments or opinions on this or any issue. Email [email protected].
