A family is suing an afterschool program in San Jose after their 7-year-old apparently got out on his own and was hit by a car.
It happened in June, and the young boy is still recovering. The parents of 7-year-old Bastian Michel are suing the Kumon Math and Reading Center of Willow Glen, alleging negligent supervision.
“What happened to Bastian on June 24 should never have happened to him or any child,” said Ashley Mompoint-Michel, Bastian’s mother.
The family claimed Bastian left the building without their knowledge and was missing for an hour. During that time, he walked down the street by himself and was hit by a car. He suffered a fractured skull, multiple broken bones, and a ruptured bladder.
His heart and breathing stopped, but an off-duty EMT performed CPR and brought Bastian back to life.
“We are so fortunate to have our sweet boy alive and at home with us,” Mompoint-Michel said. Bastian’s parents said that his recovery has been a long process Video from this month shows him learning to jump again during his rehabilitation. They say Bastian has multiple appointments every week to see his five doctors.
“His traumatic experience often leads to sleepless nights for him,” Mompoint-Michel said. “He’s also learning to be accustomed to taking medication he’s required to take for the rest of his life due to the severity of his injuries.”
Their attorney said the situation could have been avoided… and they’re are seeking to make changes at the company.
“Had Kumon done something as simple as requiring a guardian to sign a child out prior to them exiting the premises this could have never happened,” said Mark Boskovich, an attorney for family.
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Kumon is an after-school program that has 1500 sites across the U.S. All of them are independently owned and operated.
The lawsuit names Kumon and Systematic Learnings Inc., which operates the franchise in willow glen.
NBC Bay Area reached out to both only Kumon sent a statement saying:
“There is nothing more important to us than the safety, security, and wellbeing of the students enrolled in the kumon program. All of us at kumon continue to wish the student a complete recovery.”
Adding, at this time, Kumon has neither been served with nor named in any legal filings related to this matter.
As for Bastian. His parents say he is back at school part-time but will have a long journey ahead to make a full recovery.
