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Woman Claims Daughter Was Severely Injured At JHS

The mother of a Jamestown High School student claims her daughter was severely injured during gym class in November.

Lindsey Bloomberg filed a petition Thursday in State Supreme Court in Chautauqua County against the Jamestown Public Schools District. The city resident is asking a judge to compel the school district to preserve evidence as a precursor to possible litigation.

In her petition, Bloomberg claims her daughter was injured Nov. 2 “when she was caused to be struck in the head by another falling student.”

As a result of the accident, Bloomberg said her daughter suffered “severe, permanent, and painful injuries, internal as well as external, and certain economic damages past, present, and future, including traumatic brain injury and brain surgery.”

Her petition also notes that the school district has completed an investigation into the accident inside the gym; she claims JPS has not provided “information regarding their investigation and conclusion.”

Dr. Kevin Whitaker, superintendent, told WKBW-TV in November that the district had concluded its probe and noted that “the facts do not align with the allegations.”

Bloomberg told the Buffalo TV station that her 11th grader was injured during a “trust fall” exercise in the gym. A trust fall is an activity in which a person deliberately falls backward, trusting that someone will catch them.

As of Friday, the district had not yet received a copy of Bloomberg’s petition and declined to comment on possible litigation.

In an order to show cause filed with the court, the city woman is seeking aid to potentially file a lawsuit seeking monetary damages in the future. In doing so, she’s asking the court to force the district to preserve evidence; produce the names of staff at the high school the day of the accident; the names of students who were in the gym on the day of the accident; and employment information on the gym teacher.

Bloomberg also is looking to obtain video footage that may have captured the incident.

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