Martin Murillo and Roberta Gomez, whose eight year-old son died several days after falling out of his chair at the special needs school he attended, have made the decision to sue the Hacienda La Puente Unified School District for negligence. On May 31 2017, the boy, who had Down’s Syndrome, was critically injured when he fell from a chair which was meant to have safety restraints in place, sustaining a neck fracture.
The fall from the chair at Sunset Elementary School caused Mr. Murillo and Ms. Gomez’s son to go into cardiac arrest. Moises Murillo was taken to the Queen of the Valley Hospital in West Covina, before being transferred to Children’s Hospital of Orange County, where he tragically passed away on June 4.
The lawsuit outlines the grounds for the accusation of negligence on the school’s part, stating “Compulsory education laws created a special relationship between students and (school districts) and students have a constitutional guarantee to a safe, secure and peaceful school environment”, and going on to say that the Hacienda La Puente School District failed to provide appropriately safe surroundings for Moises Murillo, including allowing him to sit in the chair without safety restraints to prevent such a fall. It has been suggested that there were no adequate procedures in place to support Moises Murillo and other children with complex special needs.
The death of a loved one is always difficult to come to terms with, and can have a significant impact for a long period of time. While wrongful death attorneys cannot bring your deceased friend or family member back, they can help to ease some of the financial stress that can be associated with an untimely demise. However, wrongful death cases can only apply to over 18s, potentially adding an extra layer of grief for the family. However, financial compensation for the parents can possibly be obtained through other means, such as a negligence claim.
Once your case is safe in the hands of an experienced Long Beach wrongful death attorney, you can take time to take care of yourself after what’s sure to have been a devastating time. Coping with loss caused by someone else’s negligence can be particularly difficult, but some advice you may find useful includes: