Professional Documents
Culture Documents
Montgomery County :
Board Of Education :
Carver Education :
Service Center :
850 Hungerfor Drive :
Rockville, Maryland :
:
And : Ca: _____________________
:
Gaithersburg High School :
314 South Frederick Ave :
Gaithersburg, Maryland 20877 :
:
And :
:
John Doe, Gym Teacher :
314 South Frederick Ave :
Gaithersburg, Maryland 20877, :
:
Defendants. :
_____________________________________ :
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Case 8:17-cv-02339-TDC Document 1 Filed 08/15/17 Page 2 of 9
PARTIES
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22. The EMT vehicle departed the School and called a Code Blue and
arrived at Shady Grove Hospital and Taylor was pronounced dead.
23. On November 2015 the Personal Representative for Taylor filed
a Notice of claim pursuant to the Maryland Tort Claims Act, Md. Code
Ann. State Govt Section 12-101 to 12-110.
24. On November 2016 Counsel for the Personal Representative filed
a supplemental/amended Notice of the claim.
25. At all times relevant herein, Defendant Board and its staff owed
Taylor a duty to preserve and protect her welfare and well being
consistent with loco parentis, as well as adhere to the regulations
to protect a class of students, which Taylor was a member.
26. The actions or omissions of the Defendant Board and its staff,
encompassing its employees, agents and servants, within the scope
of their employment, breached the duty owed Taylor. Each individual
breach by the Board and staff, or in concert with each other, was
a substantial factor in proximately causing injury and then death
of Taylor.
27. As set forth herein, Defendants and each of them failed to uphold
numerous mandatory duties imposed upon them by state and federal law
and by written School policies, regulations and procedures applicable
to each Defendant and including but not limited to the following:
a) Failure to use reasonable care to protect students and minor
Plaintiff from known or foreseeable dangers;
b) Failure to properly train, educate and supervise school
teachers, athletic directors, coaches, assistant athletic staff so
that they are aware of asthma attacks and injury to students including
Plaintiff when such condition starts,
c) Failure to conduct a review, or provide an update to Taylors
Emergency Treatment Plan when Taylor complained to Gym Teacher about
suffering shortness of breath during the month of October 2015;
(d) Failure to identify Taylor as one who was susceptible to
develop an anaphylactic reaction episode following a triggering
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Case 8:17-cv-02339-TDC Document 1 Filed 08/15/17 Page 6 of 9
COUNT I
(Gross Negligence)
Gym Teacher John Doe and School Board)
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COUNT II
(Survival Action)
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Count IV
(Negligent Selecting, Hiring, Training and Supervision Claim)
38. Plaintiff incorporates the allegations contained in
Paragraphs 1-37 set forth above as if fully recited herein.
39. Defendant Montgomery County Public Schools ("MCPS"); the
Montgomery County Board of Education (Board) and School are
required under the laws of the State of Maryland to use due care to
properly select, hire, train, educate and supervise Defendant Gym
Teacher in the laws, policies and regulations affecting students
suffering from asthma conditions. The failure of MCPS and the Board
to properly train, teach and supervise Defendant Gym Teacher directly
lead to the injury and death of Plaintiff Taylor.
Wherefore, Plaintiff demands judgment against the Defendants
MCPS the Board and School in the amount of $10 Million Dollars, plus
attorney fees and costs and punitive damages.
Sincerely yours,