Woman asks court to compel evidence
A Lakewood woman is asking the state Supreme Court to compel the Southwestern Central School District to turn over video of an alleged incident in which the woman was injured.
No lawsuit has yet been filed, only an attempt to require the district to provide information so that a claim can be filed before deadlines included in state law expire.
Cristy Sutzman and her attorney filed affidavits Friday asking the court to require the school district to turn over video evidence of an incident at Southwestern Elementary School where she was allegedly pushed from behind by a child in a school hallway. Stutzman said she fell and sustained several injuries, including a fractured wrist.
Stutzman said district officials have confirmed a video exists, but that the video can’t be released due to student privacy concerns. She is asking the court to require the district to provide any photos and videos from all cameras at Southwestern Elementary School for a one-hour period from June 4, blueprints of the school and information she says her attorney needs in order to file a claim.
Timothy Andruschat, Stutzman’s lawyer, said a notice of claim can’t be prepared with the required specifics without the information from the district. Andruschat’s affidavit also asks the district to provide the name and address of the student who was allegedly involved so the child’s parents can be placed on notice of a potential homeowners insurance claim.
“The video will presumably allow petitioner to craft her Notice of Claim with the specificity required … including, but not limited to: the specific acts of negligence attributed to school personnel (i.e. lack of sufficient number of supervising personnel at dismissal, failure to carry out duties of school employees at dismissal time, etc.) regarding the ‘nature of the claim,” Andruschat wrote in his affidavit. “Petitioner does not know who pushed her from personal observation nor have any other independent observations regarding the incident. She was told a young male child struck her from behind but cannot swear under oath as to the requirements of (state law) ‘the nature of the claim.”
Andruschat also said Stutzman needs the building blueprints to be able to describe where the incident took place. Andruschat said an incident report provided by the school district lists the cafeteria as the place where the accident took place, but Stutzman says she’s certain the incident took place in a hallway, but she doesn’t know the name of the hallway or how to describe it.
“Any claim of privilege made by respondents on the ‘Buckley Amendment’ is misplaced,” the attorney states. “The Buckley Amendment was introduced to protect records relating to an individual student’s performance without a demonstrated need for disclosure. It does not apply to records compiled to maintain the physical security and safety of the agency or institution. There is no alternative way to obtain any of the information sought in this petition.”




