Can I suggest a little caution on outrage over the judge's decision? I'm no lawyer, but I've been in plenty of courtrooms and depositions. Journalistic accounts of legal decisions are often inaccurate. I was suspicious when I saw that the judge was federal, since claims like this are usually pursued in state court. It could be that the judge dismissed the claim because the plaintiff could not show that there was a federal issue. That would be a technical legal ruling, and would not excuse shockingly negligent behavior by the teacher and the school.

 

Mike

 

Michael J. Wright

Director of Health, Safety and Environment

United Steelworkers

 

412-562-2580 office

412-370-0105 cell

 

"My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we'll change the world."

                                                                                                                                                                                         Jack Layton

 

 

 

 

From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU] On Behalf Of K Roy
Sent: Thursday, April 25, 2019 9:27 AM
To: DCHAS-L**At_Symbol_Here**PRINCETON.EDU
Subject: Re: [DCHAS-L] Pa. student's lawsuit over burns suffered during chemistry class explosion is dismissed

 

Seriously! So much for following legal safety standards and better professional practices!  This is just totally unacceptable - it just threw "Duty or Standard of Care" out the laboratory window.  Help me understand this - the eyewash was not functioning?  The fire blanket was still in the original packaging?  Doing the demo the wrong way 23 times doesn't make it the right way.   And parents - you think you are sending your kids to a safe place!  I don't think so.  Every parent should be very concerned about the case and their child's safety. 

 

This is just totally unacceptable.  I would hope the plantiff would seriously consider legal alternatives in this case and act on them.

 

Dr. Ken

 

Kenneth R. Roy, Ph.D.

Chief Safety Compliance Adviser

National Science Teachers Association (NSTA);

Safety Compliance Officer

National Science Education Leadership Association (NSELA);

Safety Committee Member

International Council of Associations for Science Education (ICASE);

USA

Safesci**At_Symbol_Here**sbcglobal.net

 

 

 

On Thursday, April 25, 2019, 8:30:56 AM EDT, Monona Rossol <0000030664c37427-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU> wrote:

 

 

OMG.........I  knew idiots had taken over most of our institutions, but now they have taken over the courts as well.  

 

Well, the way is now clear for all new chemistry teachers.  To protect yourself legally, do not go to safety training or read anything about the hazards of the experiments and chemicals you use.  As long as you can show that you didn't know the gun was loaded, you are free to do ANYTHING.

 

Monona  

-----Original Message-----
From: DCHAS Membership Chair <membership**At_Symbol_Here**DCHAS.ORG>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Sent: Thu, Apr 25, 2019 5:54 am
Subject: [DCHAS-L] Pa. student's lawsuit over burns suffered during chemistry class explosion is dismissed

https://www.pennlive.com/news/2019/04/pa-students-lawsuit-over-burns-suffered-during-chemistry-class-explosion-is-dismissed.html

 

Pa. student's lawsuit over burns suffered during chemistry class explosion is dismissed

 

WILLIAMSPORT - A federal judge has dismissed the suit a mother brought over injuries her daughter suffered last year in a liquid methanol demonstration in a Mount Carmel Area High School classroom.

 

U.S. Middle District Judge Matthew W. Brann on Wednesday gave Karen Green of Locust Gap the opportunity to file an amended complaint but questioned whether she can successfully allege any plausible claims.

 

The averments in the dismissed complaint appear to be more legal conclusions than factual allegations, the judge wrote.

 

Green failed to allege facts that infer the defendants were aware of the risks of the experiment, he said, noting chemistry teacher Tammy Michaels had performed it for 23 years without incident.

 

The complaint contains no facts that suggest Michaels directed the Aug. 30 explosion at the girl, identified as M.G., who was seated in the first row, Brann wrote.

 

The judge's opinion gives this account of what occurred that caused M.G. to suffer second-degree burns:

 

Michaels poured methanol into a container and attempted to ignite it. Unsatisfied with the result, she added methanol and attempted again to light it with a match.

 

The mixture exploded, causing flaming liquid methanol to spill on the girl's leg and desk.

 

As Michaels and fellow students attempted to extinguish the flames, it was discovered the classroom fire blanket had never been removed from its shipping container and the room's chemical shower was inoperable.

 

The suit claimed school nurse Leanna Ryan could not provide M.G. care because she was not a burn specialist. The girl was transported to a hospital.

 

Green contended Michaels conducted the demonstration despite being aware that organizations including the National Science Teachers Association had urged teachers to halt the use of methanol-based flame tests in open laboratory desks.

 

The suit, which sought damages in excess of $150,000, was against the district, Michaels, Ryan, district Superintendent Bernard Stellar and high school principal Lisa Varano.

 

It claimed they created a dangerous situation and deprived M.G. of her right of personal safety. Supervisory liability claims also were made against Stellar and Varano.

 

Brann declined to accept jurisdiction of negligence and infliction of emotional distress claims brought under state law. That does not prevent Green from pursuing them in state court.

 

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