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Parents of child hit after leaving San Jose child care center unattended file negligence lawsuit – East Bay Times

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Parents of child hit after leaving San Jose child care center unattended file negligence lawsuit – East Bay Times

SAN JOSE – The parents of a 7-year-old boy who suffered life-threatening injuries after he was struck by a car while walking unattended from a San Jose children’s learning center earlier this year have filed a lawsuit alleging negligent supervision .

The complaint against Kumon North America and Systematic Learning Inc., which operates Willow Glen’s Kumon Math & Reading Center, alleges that the parent company does not adequately train its franchises in child drop-off and pick-up safety measures, causing Bastian Michel, 7 , to leave the building alone on June 24.

“My clients entrusted Kumon with the care of their son. Kumon had a responsibility to exercise due care to ensure his safe return to his parents,” Mark Boskovich, the attorney for Bastian’s parents, said at a news conference Wednesday. “That didn’t work out here.”

Bastian Michel, a 7-year-old boy, was hit by a car in Willow Glen after leaving a Kumon franchise location without adult supervision. He spent months recovering from injuries including a ruptured bladder, a fractured skull and multiple broken bones. (Michel family)
Bastian Michel, a 7-year-old boy, was hit by a car in Willow Glen after leaving a Kumon franchise location without adult supervision. He spent months recovering from injuries including a ruptured bladder, a fractured skull and multiple broken bones. (Michel family)

The lawsuit said youth organizations like Kumon must take “simple, reasonable steps” to ensure children’s safety, such as assigning adults to monitor specific children or requiring guardians to check out their children using an electronic application .

The complaint also names the driver of the car as a defendant, claiming he caused “physical, mental and emotional injuries” while driving the vehicle at the time of the collision, according to court documents.

“There is nothing more important to us than the safety, security and well-being of the students participating in the Kumon program,” Kumon North America said in a statement to Bay Area News Group. “All of us at Kumon continue to wish the student a full recovery. At this time, Kumon has not been subpoenaed nor is he named as a party in any legal filings related to this case. We will address any such claims in the appropriate legal venue.”

Willow Glen’s Kumon Math & Reading Center did not immediately respond to a request for comment Wednesday.

According to the court, Bastian was present at Kumon for his scheduled hearing on June 24 when he left the building without the staff noticing. An hour after he arrived, a staff member noticed he was gone and logged him out of his session for the day, assuming he had been picked up by his parents and walked out by another teacher, the documents allege.

Staff at Kumon Willow Glen only realized the boy was missing when his mother came in to ask about her son, two hours after he first arrived for his court hearing, court documents show.

Bastian Michel, a 7-year-old boy, was hit by a car in Willow Glen after leaving a Kumon franchise location without adult supervision. He spent months recovering from injuries including a ruptured bladder, a fractured skull and multiple broken bones. (Michel family)
Bastian Michel, a 7-year-old boy, was struck by a car in Willow Glen after leaving a Kumon franchise location without adult supervision. He spent months recovering from injuries including a ruptured bladder, a fractured skull and multiple broken bones. (Michel family)

After leaving Kumon, Bastian attempted to cross Willow Street where he was struck by a vehicle with a male driver. After the collision, his heart stopped beating and he was rescued by an off-duty paramedic, said Ashley Mompoint-Michel, the boy’s mother.

“What happened to Bastian on June 24 should not have happened to him or any other child,” Mompoint-Michel said. “It really is every parent’s worst nightmare: a violation of our trust in our children that our children are truly safe with an adult-run company that deals with our children.”

Bastian’s injuries included a ruptured bladder, a skull fracture and multiple broken bones, Boskovich said. According to the court, he has metal rods in both legs and has had to undergo numerous operations. He will have to take medication for the rest of his life, Mompoint-Michel said.

“Kumon has not enforced or trained its franchises in proper safety protocols for picking up and dropping off children,” Boskovich said. “If Kumon had done something as simple as requiring a guardian to sign out the child before leaving the premises, this would never have happened.”

Bastian is “good at science and math,” Mompoint-Michel said. “He’s a football defender and he swims. He is smart, charismatic, funny, affectionate, compassionate and truly an empathetic kid.

The complaint was filed on October 3 in the Superior Court of California in Santa Clara County. The lawsuit seeks damages from all three defendants.

“Bastian’s road to recovery has been difficult for him and our family, but we are determined to help him live a normal life and succeed despite the severity of his injuries,” said Mompoint-Michel. “He’s not always happy enduring his pain, but when he reaches even the smallest milestone, the smile on his face warms our hearts.”

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