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Parents file lawsuit after son strangled by lanyard at school

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Bearspaw lanyard lawsuit
Bearspaw lanyard lawsuit – Mar 13, 2014

CALGARY- The parents of a young Alberta boy, strangled by a lanyard at his school, have now filed a multi-million dollar lawsuit over the incident.

Grant and Kamila Kitzul are suing for over $15 million on behalf of their son Nicholas as well as an additional $1.3 million for income-related losses.

The lawsuit, which is unproven in court, claims that in December 2012, Nicholas’ teacher gave him a lanyard after the boy signed out of his classroom to use the washroom.

Soon after, another student discovered the boy hanging from a cubicle door and ran to tell the teacher.

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Nicholas was rushed to the Alberta Children’s Hospital where he was connected to a breathing tube for over a week in order to keep him alive.

The Kitzuls’ statement of claim says Nicholas suffered a severe brain injury, collapsed lungs, and pneumonia and is now totally disabled.

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It also says Nicholas now requires a wheelchair, diapers, tube feeding, and that has been rendered stiff and twisted. The statement of claim adds the boy has difficulty speaking and will require a lifetime of nursing and homecare.

The lawsuit names Nicholas’ grade three teacher, the principal of Bearspaw School, Rocky View Schools Division, the Alberta Teachers’ Association, and Morgex Insurance.

Among dozens of allegations, the most serious is that school failed to supply breakway lanyards which release under tension.

The suit also alleges the principal and school division failed to ensure all teachers had first aid training, that the teacher failed to check Nicholas’ vital signs, and that the insurer failed to warn the ATA of the dangers associated with non-breakaway lanyards.

The Kitzuls and Rocky View Schools say they do not want to comment on the lawsuit.

Global News has made efforts to contact Nicholas’ teacher and principal, as well as Morgex Insurance and the Alberta Teachers Association but has not yet received a response.

None of the lawsuit’s claims have been proven in court.

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