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Family sues after boy struck by car
The family of a 7-year-old boy, who was hit by a car after wandering away from a tutoring session in San Jose, is suing the education company responsible for his care.
SAN JOSE, Calif. - The family of a 7-year-old boy, who was hit by a car after wandering away from a tutoring session in San Jose, is suing the education company responsible for his care.
Bastian Michel's parents filed a lawsuit on Wednesday against Kumon.
According to the family, staff at a San Jose Kumon center lost track of Bastian on June 24. Before they realized he was gone, Bastian was hit by a car two blocks from the center.
He stopped breathing after the crash and had to be resuscitated by a paramedic. Bastian suffered a fractured skull, multiple broken bones, and severe internal injuries, his family said.
His parents allege the company was negligent.
"What happened to Bastian on June 24th, should have never happened to him or any child. It is truly every parent's worst nightmare. A violation of our trust to our children, that our children are truly safe with an adult-run business that interacts with our children," Ashley Mompoint-Michel, Bastian's mother, said.
She said there is no "sign out" policy at Kumon. In fact, she does not believe the center realized Bastian was gone.
"There's nothing in place to ensure the kids go in and out of the facility safely. It's devastating really," said Mompoint-Michel.
The family hopes this lawsuit forces a policy change at Kumon that keeps something like this from happening again.
"It should never have happened. And I wouldn't put this on my worst enemy," said Fechnel Michel, Bastian's father.
Kumon North America underscored that all of its tutoring centers are independently owned and operated, though its priority is the safety of its students.
"There is nothing more important to us than the safety, security, and well-being of the students enrolled in the Kumon program," the company said in a statement. "All of us at Kumon continue to wish the student a complete recovery. At this time, Kumon has neither been served with nor is named as a party in any legal filings related to this matter. We will address any such claims in the appropriate legal venue."