Student, mother allege Fresno USD employees failed to look for girl after she stayed in restroom

By Jenie Mallari-Torres | Jul 18, 2018

FRESNO – A minor child and her mother are seeking damages from a school district after the child allegedly was left in a bathroom stall and teachers failed to look for her.

Jane Doe, through her guardian ad litem Brenda Elensky, filed a complaint on June 11 in the Fresno Superior Court against Fresno Unified School District and Does 1-20 alleging negligence.

According to the complaint, Doe is a special needs student and was attending Edith B. Storey Elementary School in May 2017. The suit states she left her classroom to use the restroom, encountered an issue, and did not return to her classroom for the remainder of the day. Elensky, her mother, found her in the restroom later that day, the suit states.

The plaintiff holds Fresno Unified School District and Does 1-20 responsible because the defendants allegedly failed to properly train, hire and/or supervise its employees to ensure they were protecting children from harm.

The plaintiff seeks judgment against defendants for general and special damages, costs and other relief as the court deems just. She is represented by Kara L. Hitchcock of Hitchcock Law Inc. in Clovis.

Fresno County Superior Court case number 18-CECG-02072

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