Lawsuit: Batavia school failed to protect boy from recess injury

Updated 11/4/2017 4:13 PM

Immanuel Lutheran Church and School in Batavia, along with three teachers, are being sued for damages by a boy whose parents argue he was concussed and suffered other injuries during recess when he was intentionally kicked in the head by another student while holding a football.

Hasana and Rodney Sisco recently filed the lawsuit in Kane County, seeking damages from the Oct. 26, 2015, episode. In the suit, they argue their child was severely injured, and the school, along with teachers Manny Gutwein, Julie McFarland and Barb Iteen should be held responsible for failing to ensure a safe environment at recess.

According to the lawsuit, the Siscos' son was holding a football at recess when another student ran up to kick it. But, instead of kicking the ball, the other student "violently" kicked the boy on the side of the head.

A request for comment from Wagenmaker and Oberly, the law firm representing the school and church, was not immediately returned. School Principal Donna Laughlin could not be reached for comment.

The lawsuit does not indicate the age or grade levels of the student who was kicked and other student accused of doing the kicking.

The suit also argues the teachers failed to provide treatment afterward or call for medical help. The other student's parents, Matthew and Carla Faga, also are listed as defendants.

Carla Faga, according to the school's website, teaches third grade and physical education at the school, 950 Hart Road.

The lawsuit seeks damages for the child's injuries, which were described as "a severe blow to the head, injuries to his wrist, and a severe concussion" that resulted in "post concussive syndrome, vision problems, cognitive and memory problems, seizures and depression."

A message left for Alan Garrow, an attorney representing the Siscos, was not immediately returned.

The lawsuit seeks unspecified damages of more than $50,000 and is next due in court Jan. 9.

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