Posted: 3/13/2008 at 04:21 PM
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In Danbury, Connecticut, a 15-year-old boy is suing his school district, claiming his hearing was damaged by a teacher slamming her hand on the boy's desk to wake him during class. Vinicios Robacher was napping during school last December when teacher Melissa Nadeau loudly slapped his desk to wake him.
According to the boy's attorney, Alan Barry, Robacher suffered pain and "very severe injuries to his left ear drum" as a result of the incident. The teen was taken to a hospital after he complained of pain in his ear and his parents found a bloody fluid on his pillow. He has since been treated by ear, nose, and throat specialists, and has regained some hearing, but may require surgery to further repair his ear drum.
According to Alan Barry, "Many of us have fallen asleep in class and had the teacher wake us up. But what happened here was more in the nature of an assault and battery. My client is an extraordinarily bright young man. He's a computer wizard who works late into the night, and that's probably why he fell asleep."
The city, the school board, and its employees are named as defendants in a preliminary notice filed with the city of Danbury, which is required before a lawsuit may be brought against the city.
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I can understand the teacher's frustration in dealing with a kid who is sleeping, but this was just way out of line. Couldn't she have simply called out his name to wake him up or even ask a student nearby to tap him on the shoulder? If this student was a chronic napper, then a parent-teacher meeting was in order.
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