Kumon North America Sued After Seven-Year-Old Critically Injured Due to Alleged Lack of Supervision

The parents of Bastian Michel, a seven-year-old boy who was critically injured after going unsupervised and wandering away from a Kumon Math & Reading Center in San Jose's Willow Glen neighborhood, are filing a lawsuit against Kumon North America and Systematic Learnings Inc., the franchise operating as Kumon Math & Reading Center of Willow Glen. The legal action alleges negligent supervision, which resulted in Bastian being struck by a vehicle and nearly losing his life. The lawsuit also names the driver of the vehicle that struck Bastian.

The lawsuit alleges that as a franchise owner, Systematic was required to follow Kumon's guidelines concerning the education and safety of children. But Kumon's safety standards were severely lacking for a business that is associated with the drop off and pickup of children.

"Kumon should have known the danger associated with kids exiting various franchises, including vehicle-pedestrian collisions," attorney Mark Boskovich said.

According to the Transportation Research Board in 2022, 25,000 children are injured annually and more than 100 killed on average in vehicle-pedestrian collisions occurring during pick-up or drop-off situations.

The lawsuit claims that Kumon did not require franchises to have any form of checkout procedures for young kids.

On June 24, 2024, Bastian's mother dropped him off at the Willow Glen Kumon Center for his scheduled session. Unbeknownst to the staff, Bastian left the premises while his mother waited in the parking lot. For nearly an hour, the center's employees failed to notice his absence. It was only when his mother entered the facility to inquire about her son that they realized he was missing.

During this time, Bastian had wandered onto the busy Willow Street. As he attempted to cross the road alone, he was struck by a vehicle. The impact was severe, causing Bastian's heart to stop beating. Fortunately, an off-duty paramedic was nearby and successfully resuscitated him. The collision also resulted in catastrophic injuries to Bastian.

Bastian's road to recovery has been arduous, involving multiple surgeries and an extended hospital stay. While he has made progress, he still faces a long and challenging journey towards full rehabilitation.

"This was a tragedy waiting to happen," Boskovich said. "There was no policy in place to ensure that a parent was present for the pickup of their child nor was any type of identification required to allow a child to leave with an adult."

This case highlights the critical importance of proper supervision for children and the potential consequences of lapses in vigilance. It also underscores the need for robust safety protocols in tutoring centers and similar facilities that cater to children.

"We want this lawsuit to force Kumon to make the necessary changes to ensure that no other child is injured or even killed by a lack of supervision or safety protocols," Ashley Mompoint-Michel said. "For Bastian, we want to ensure that he has the adequate financial resources to make a full recovery."

In California, any financial settlement for a minor must be supervised and overseen by the courts until the child turns 18 years old. Until that time, all disbursements on behalf of the child also require a court order to protect children from financial abuse.

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