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sa国际传媒官网网页入口 Public Schools is facing a lawsuit after attorneys allege a substitute teacher left a special education classroom unattended, resulting in a student seriously injuring his hand, requiring surgery.

The child was 9 at the time and a student at Kirtland Elementary School, near Kirtland Air Force Base. The student had a history of speech difficulties and seizures, according to the complaint.

On May 15, 2024, sometime between 2 and 2:20 p.m., a substitute teacher directed students to line up to go to an awards ceremony, according to the suit, filed in 2nd Judicial District Court in April. After the students lined up, the teacher left the class unattended to get his cellphone from the playground, where he had left it after recess, the complaint alleges.

The lawsuit alleges that while the class was unsupervised, a classmate shut the door on the student鈥檚 left hand, trapping his middle and ring fingers inside the door jamb while a third student pushed on the door, crushing his hand. The student eventually pulled his fingers out of the door, the lawsuit states, but there was no adult there to help him.

The injured student ran to the nurse鈥檚 office, his hand trailing blood behind him, the complaint alleges.

Attorneys say school nurse Amy Harris did not adequately respond to the severity of the student鈥檚 injuries and did not properly document the incident. Documents allege Harris did not call 911 until 2:45 p.m., about 20 minutes after the incident, after she was prompted to do so by the child鈥檚 father, who was at the school to attend the awards ceremony, where the student was to be recognized for his attendance.

The student was transported to the University of New Mexico Hospital by ambulance while his mother accompanied him, court documents state. Paramedics described his hand as 鈥渄eformed,鈥� according to the complaint.

At UNMH, the child had a minor surgical procedure called a nailbed repair to treat his injuries, which included shattered bones at the tips of his middle and ring fingers and partial degloving 鈥� in which the skin and nail are ripped from the fingers, leaving underlying muscle and bone. The student received further care for his injuries in May and June 2024.

The lawsuit names APS; the substitute teacher, referred to only as John Doe Anderson; Kelly Education, the staffing company that hired Anderson; Emily Key, the school principal; and Harris.

Anderson was later fired, the complaint states.

鈥淲hat we know is that the school has a duty to keep children safe,鈥� said Adrian Vega, an attorney representing the plaintiff. 鈥淲e know that it assumes responsibility for the students during the school day, and that it exercises control over that environment.鈥�

Lawsuit documents allege that in addition to failing to contact emergency services in a timely manner, Harris鈥� documentation of the incident contained 鈥渘umerous inaccuracies,鈥� which attorneys believe was an attempt to minimize the severity of the student鈥檚 injuries.

School staff did not write down the name of the substitute and failed to preserve a video surveillance recording of the incident, according to the complaint.

APS spokesperson Martin Salazar said in a statement that the district does not comment on pending litigation but is 鈥渄eeply committed to the safety and well-being of all our students.鈥�

鈥淭hat is always our highest priority,鈥� Salazar said.

Kelly Services USA, which includes Kelly Education, is a multinational staffing company based in Troy, Michigan. The company鈥檚 New Mexico headquarters are in Espa帽ola, according to state records.

A spokesperson for Kelly declined to comment on pending litigation.

Plaintiffs are seeking damages and compensation for medical expenses and attorney鈥檚 fees. 

Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.