Family to file lawsuit after child struck by car in San Jose

SAN JOSE, Calif. - A young boy in San Jose headed back to school last week, but he is still healing from a June crash that nearly took his life. 

It's back-to-school season, but for one little boy in San Jose, school is looking a little different this year. Seven-year-old Bastian Michel (known as Bazzy) was attending a tutoring session at KUMON learning on June 24th, when staff at the location lost track of him. 

Before staff realized he was gone, Bastian had been struck by a car, just a block away from KUMON. According to the police report obtained by KTVU, a neighbor, who happens to be a paramedic, heard the crash and ran to the scene. 

Bazzy's heart stopped beating after the crash, but the paramedic performed CPR on him within minutes, saving his life. His parents say the trauma of that day has stuck with them all.  

"Every day I pass where the accident happened…a day doesn't go by where I don't think about it," Bazzy's father, Fechnel Michel told KTVU. 

But his parents still wonder why he ended up outside alone, and how no one at Kumon noticed he was missing. The family plans to file a lawsuit in the coming weeks.   

"A lot of times, as parents, we tend to take these things for granted because we assume that these facilities and organizations are keeping our children safe the same way that schools are designed or a hospital or a more established organization, but unfortunately that is not true," Ashley Mompoint-Michel, Bastian’s mom told KTVU. 

Now, for the Michel family, this new school year is all about adjusting to a new normal. Before the school year began, Bastian's medical team met with his new school's administration to make a plan for Bastian's school needs. 

Bastian will have a personal aide by his side for the entire school day. The Michel family has a GoFundMe established to help cover that aide's salary and Bastian's medical needs for the coming year. 

"In the mornings, we have a lot of meds that he has to take…He doesn't have a spleen anymore. It is something you can live with, but it requires a lot of medication," Mompoint-Michel said. 

Bazzy's parents say medicine is just one of the new changes in their lives. The family is also navigating the trauma that comes with nearly losing a loved one. 

"What medicines does he need today? Are you in pain today? Does it hurt? What hurts? Let me know. In the back of my mind, ‘Do I have to call the doctor?’" his father said. 

After the accident, Bazzy's medical team thought he would struggle to walk again. But his favorite song, Never Say Never, by Justin Bieber, has been a guiding light on his journey, and a rallying cry for his family.   

Now, doctors say he could be running by the end of the year, an important skill for a boy with a lot of energy and a rambunctious little brother to keep up with. 

Bastian's room is filled with handwritten cards featuring Pokémon, hearts and "Get Well Soon" notes. The cards line his bedroom walls, a reminder that he has never been in this battle alone. 

"He's a little bit stubborn, but he's very resilient, and he insists every morning, ‘I am not going to sit in my wheelchair, you can push it next to me, but I will hold your hand and I will walk through the gates,’" Mompoint-Michel said. 

We reached out to the San Jose Police Department, but it did not have a detective available to comment on the current status of the investigation. Kumon did not respond to our request for comment.