Massachusetts family sues town for $35 million after they say school bully left son disabled

From The Boston Herald:

The family of a 13-year-old boy says it’s suing the city of Lynn for $35 million, claiming it failed to protect him from a school bully who allegedly shoved him down a staircase, leaving him wheelchair-bound.

In a notice sent to eight city officials, attorneys for Mathew Mumbauer and his family claim administrators and teachers at Brickett Elementary School ignored the relentless bullying that allegedly culminated in an assault that left him with a permanent spinal injury.

“Hopefully, some good will come out of this, and maybe some good will come out of it for others,” said Doug Sheff, one of the family’s attorneys. “Hopefully, schools will see there is not only a moral obligation, but a financial one, to address bullying when it’s brought to their attention.”

Yesterday’s claim comes just a day after Beacon Hill lawmakers approved a tough measure requiring teacher training to combat bullying and forcing principals to report serious incidents to police.

Mumbauer allegedly was pushed down school stairs on March 10, 2008, leaving him with a “permanent, debilitating cervical spinal cord injury,” the attorney said.

Sheff said there is evidence the boy was picked on and complained before the incident, but he refused to elaborate.

But City Solicitor Michael Barry said the school has no record of any complaints about Mumbauer being bullied before the incident.

“In order to prove their case, the plaintiffs would have to show that employees of the city of Lynn had prior knowledge that there was bullying involving this child,” Barry said.

He said there were no eyewitnesses who saw whether the boy was pushed down the stairs or fell, adding that Mumbauer gave two different accounts about who allegedly pushed him.

The incident was never reported to police, who contacted Mumbauer’s mother, Alissa Cormier, on March 31, 2008, after learning about it from fund-raising posters put up throughout the city.

Cormier could not be reached yesterday for comment.