Morris County News

Parents of Dangled Roxbury Kid File Lawsuit Warning

6efa5e12ed198949ecb4_kimandcolton.jpg
Kim Yamashita and son Colton Credits: Roxbury Schools
1bd2b1018de13eda692b_7a9585a1dced0dc02053_admins.jpg
Roxbury Schools Superintendent Loretta Radulic and Roxbury Schools Assistant Superintendent Charles Seipp are among those named in a notice of tort claim Credits: Roxbury Schools
6efa5e12ed198949ecb4_kimandcolton.jpg

ROXBURY, NJ - The parents of a 6-year-old special needs student who, according to authorities, was hung upside down and shaken by a frustrated teacher's aide in March, filed a notice of tort claim today, the first volley of a forthcoming lawsuit.

The notice says the Landing couple intend to sue the aide, the Roxbury school board, a number of school  administrators and personnel, a Morris County Prosecutor's Office detective and possibly others.

The notice was filed by Warren lawyer Julie Warshaw on behalf of Kimberly and William Yamashita. The Yamashita's son, Colton, was held upside down and shaken by former Kennedy Elementary School teacher's aide Shannon Rooney on March 23 after he began misbehaving in class, according to a report filed by Roxbury police. The Yamashitas contend Rooney then dropped the kindergartner onto his head.

Sign Up for E-News

When Roxbury police advised the Morris County Prosecutor's Office about the incident they were told by a detective there - Craig May - that the aide's actions did not rise to the level of criminal behavior, so no charges were filed against Rooney, according to the police report. The prosecutor's office, pressed by the Yamashitas, subsequently said it would take another look at the matter, but no charges have been announced.

The notice of claim names Rooney, the state Department of Education, the Roxbury School Board, Roxbury Schools Superintendent Loretta Radulic, Roxbury Schools Assistant Superintendent Charles Seipp, Kennedy Elementary School Principal Eric Renfors, school counselor/anti-bullying specialist Gina LaCapra, district human resources director Maryann Gibbs and two Kennedy teachers' aides who witnessed the incident. 

It also names May, the county detective.

Rooney, Radulic and Roxbury School Board President Leo Coakley did not immediately respond Friday to messages seeking comment. The prosecutor's office, citing an "active investigation," declined commenting.

Threats on the school bus

Yamashita, who initially said she and her husband didn't intend to file a lawsuit, said their minds changed due to what she feels has been a lack of action and continued problems with the special needs program in Roxbury. She contends aides working with special needs students are not adequately trained.

"Nothing has been done," she said today. "As of today, it's been eight weeks and nothing has been done to protect my son. I got him into a new class. I'm trying to do everything I can. And yet my son keeps having issues."

Colton is diagnosed with attention deficit hyperactivity disorder, dyspraxia and hypertonia, according to Yamashita. She said her son's school experience improved after Rooney was let go in March, but deteriorated after a TV station followed up on a TAPinto Roxbury article and broadcast a story about the matter. 

"Everything was fine until the News 12 thing came out," she said. "Then I started getting emails from his teacher about his behavior. She's saying he is using profanity. That's because he's hearing ridiculous things, words he's never heard before, on the school bus."

Yamashita contended her son was recently threatened by another child on the bus. "The kid called him an effing stupid asshole ... and threatened to choke him to death" she said. "Then, as I was getting Colton off the bus, the little kid gave me the finger."

Yamashita, who said she reported the incident to the school district, said the special education student bus is driven by an older man and there are no special education aides on board. "These kids cannot be left to their own devices," she asserted.

The notice of claim asserts Colton was the victim of a a lackadaisical attitude toward special needs students in Roxbury, passivity, it contends, continues.

"Since the date of this incident (Yamashita) requested on several occasions for the school to conduct a harassment, intimidation and bullying investigation," says the document. "The district ignored these requests and on their own, failed to initiate an HIB investigation. Recently, Ms. Gibbs claimed that K.Y. (Yamashita) never requested such an investigation and then, when they finally conducted said investigation, they failed to find HIB had occurred."

The notice said the Yamashitas will argue in the lawsuit the existence of "negligence, gross negligence and deliberate indifference of the defendants in the supervision of their staff" and will attempt to show "there was foreseeable harm" to Colton that could have been avoided.

 

 

 

TAP Into Another Town's News:

You May Also Be Interested In

Sign Up for E-News

Montville

Upcoming Events

Carousel_image_e492d1a3d67e6259323d_mini_magick20180611-78505-11feoem

Thu, June 21, 1:00 PM

Montville Township Public Library, Montville

"The American Musical" (Lecture)

Education

Carousel_image_a52b10eeaf4faec89297_a_pyramid_mountain__2018_tapinto_montville___1.

Thu, June 21, 7:00 PM

Pyramid Mountain, Montville Township

Summer Solstice Hike: moderate

Health & Wellness

Carousel_image_7c2707407169c2f1629c_library_by_courtney_sonn

Sat, June 23, 10:00 AM

Montville Township Public Library, Montville

Library - Summer Reading Kickoff (Kids)

Education

Carousel_image_ccf612db2e8a23ffc851_casa

Sat, June 23, 10:00 AM

CASA of Morris and Sussex Counties, Morristown

CASA Information Session

Education Health & Wellness Law & Justice

Carousel_image_a4f056c118bacf9c0109_dsc01420_-_copy

Sat, June 23, 10:00 AM

Pyramid Mountain, Montville Township

Gardening with Wildflowers

Home & Garden

Summer Concert Series Announced by Montville Twp Recreation

June 16, 2018

MONTVILLE, NJ – The Montville Township Recreation Department announced its summer concerts in the park lineup. The free concerts will be held on Tuesdays beginning on July 10, at the amphitheater beyond the Montville Township Public Library. Parking is available at the library (90 Horseneck Road) or in the high school parking lot (100 Horseneck Road). Assistance is available, for those who ...

Four Montville Residents Participate in American Legion Jersey Boys State Leadership Program

June 21, 2018

MONTVILLE, NJ - Four young men from Montville Township are among 883 other rising-seniors from New Jersey attending the 73rd session of the annual American Legion Jersey Boys State (ALJBS.)

At the event, taking place at Rider University this week, the students get to "govern and interact with their peers from across New Jersey as they run their own mythical 51st ...

May the Fourth Results in Donations to Lung Cancer Foundation from Cedar Hill Character Education Group

June 16, 2018

MONTVILLE, NJ – The Cedar Hill Fifth Grade Character Education Council sponsored May The 4th Be With You on Friday May 4 from in the Cedar Hill multi-purpose room. The event was to benefit the Lung Cancer Foundation of America. To raise money, each participant paid $5 for a Star Wars-themed scorecard. Upon completion of all events, scorecards were put in a raffle for a Star Wars video ...

Roxbury's Kellie Ann Keyes Named the County's Recycling "Rox-Star"

June 18, 2018

ROXBURY, NJ – Kellie Ann Keyes, who runs Roxbury's recycling program was honored recently by Morris County for her efforts, with the county dubbing her its “Rox-Star Recycler.”

Keyes was one of 10 people and businesses to receive a 2018 Environmental Excellence Award from the Morris County Municipal Utilities Authority (MUA). The MUA gave her the award in ...

Bridgewater Mall Shut Down After Fight; Report of Shots Fired

June 14, 2018

UPDATE: According to a Nixle alert from the Bridgewater Township Police Department at 9 p.m., the investigation at the mall has been completed, and the mall will be resuming normal business operations.

Police emphasized that there is no immediate threat to the public and no injuries were reported.

TAPinto will update this as more information becomes available.

BRIDGEWATER, NJ - No ...

Morris County Chamber Issues Statement About State Budget Negotiations and Proposed Tax Increases

June 21, 2018

MORRIS COUNTY, NJ - Paul Boudreau, president of the Morris County Chamber of Commerce, yesterday issued the following statement on the budget negotiations in Trenton:

“Individuals and businesses are shouldering a significant tax burden already in our state. Raising taxes sends a signal to our employers and future investors that New Jersey will remain uncompetitive for decades ...

Columns

OPEN HOUSES This Weekend 6/16 - 6/17, 2018

The following homes have OPEN HOUSES presented by RE/MAX NEIGHBORHOOD PROPERTIES this weekend.

SATURDAY, JUNE 16, 2018:

  From 12 - 2 p.m.

  201 English Place, Bernards Township

  Click HERE to see full listing.

 

 

SUNDAY, JUNE 17, 2018:

  From 1 - 3 p.m.

  170 Morris Avenue, Mountain Lakes

  Click HERE to see full ...

OPEN HOUSES This Weekend 6/9 - 6/10 2018

The following homes have OPEN HOUSES presented by RE/MAX Neighborhood Properties this weekend.

SATURDAY, JUNE 9, 2018:

  From 1 - 3 p.m.

  25 Hillcrest Road, Mountain Lakes

  Click HERE to see full listing.

 

 

SUNDAY, JUNE 10, 2018:

  From 1 - 4 p.m.

  1 Philhower Court, Denville

   Click HERE to see full ...

Open Houses this Weekend by Century 21

MONTVILLE, NJ - Following are the Century 21 Open Houses for this weekend:

Saturday, June 23 from 1 - 4 p.m.

Brownstones at Fairfield, Stonybrook Circle (Using GPS - Enter 66 Two Bridges Road)
3 Louis Drive, Montville

Sunday, June 24 from 12 - 3 p.m.

6 Woodside Drive, Montville Township

Sunday, June 24 from 1 - 4 p.m.

Brownstones at ...

Century 21 Open Houses this Weekend

MONTVILLE, NJ - Following are the Century 21 Open Houses for this weekend:

Saturday, June 9 from 1 - 4 p.m.

Brownstones at Fairfield, Stonybrook Circle (Using GPS - Enter 66 Two Bridges Road)
7 Diann Drive, Montville

Sunday, June 10 from 1 - 4 p.m.

Brownstones at Fairfield, Stonybrook Circle (Using GPS - Enter 66 Two Bridges Road)
3 Louis ...

Pet Corner