AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I am a personal injury trial attorney who is licensed in Arizona, Colorado (inactive) and the District of Columbia (inactive). I am also licensed with the Distrcit Court of Arizona, Ninth Circuit Court of Appeals and the United States Supreme Court.
I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Speciailst in Injury and Wrongful Death Litigation by the Arizona State Bar Board of Legal Specialization. I was the Special Assistant to the Attorney General for the State of Arizona in the national litigation against the tobacco industry. I handle complex civil litigation inlcuding pharmaceutical liability and professional malpractice.
I can answer questions regarding injury law (accidents, malpractice, product liability) and wrongful employment practices.
Experience Experience in the area I have been a civil trial attorney attorney since 1989 with a master's degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
Association of Trial Lawyers of America
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Expert: Paul D. Friedman, M.A., Ph.D., J.D. Date: 5/12/2008 Subject: Child kicked at recess maliciously by student with black belt, breaking his thumb
Question My 12 year old son was at recess talking with a group of students, when another child was in another group across the recess yard. My son heard children laughing and headed over to that 'other' group. My son walked up behind a boy who was being teased from that group of children and the boy turned around and scissor kicked my son, aiming for his belly, but my son put his hand infront of his belly to protect himself and the boy kicked his hand, in the end breaking his thumb. The boy is someone who the school is well aware is a bit of a problem child and the boy is a black belt in Karate from a reputable studio in the area. The boy was not remorseful and has yet to issue an apology to my son, or us. Our expenses are going to be more than $3000 and our deductible is $5000 for our health insurance. We are hoping to settle this amicably, and have not filed a police report to date. We send our kids to a private school in Delaware, where it is not a requirement that the police be called when something like this happens. The public schools in Delaware would have notified the police immediately. This event only occurred 4 days ago. I did receive a call from the nurse to say that my son 'jammed his thumb' that day and wanted permission to administer ibuprofen. That was it from the school. I never got a call from the school about the kicking incident, even though the teachers were made aware, as well as the pricipal that the kicking occurred. What are our rights and what steps do we need to take to ensure the future safety of our child, who has been tremedously affected by this incident? Also, what are the chances that we would be entitled to receive payment for all injuries incurred? The parents are not aware that we are considering legal actions, and when asked if they would be responsible for the bills incurred, would not commit. We are meeting with the principal and child's parents tomorrow (5/12/08). If that meeting doesn't go well, and they accept responsibility for their child, we would like to know how to proceed. Thank you.
Answer Carol,
First off, the police should have been called.
You have a potential claim against the boy and possibly his parents depending on your State law. In some states, parents are responsible up to a certain amount of damages for intentional acts of their children. Also, their homeowner's insurance may cover for the negligent acts of the inhabitants of the home.
You may also have a claim against the school for negligent supervision.
