Mike Wright may be correct that this matter is not one that a Federal Court would have jurisdiction over. But assuming it did, it appears that this case was
improperly pled by the attorneys. Over the last 39 years, I have tried more than 200 negligence and/or strict liability cases to verdict as lead trial counsel. During that same time period, I have seen a large number of cases initially get dismissed due
to improper pleading. Once the counts were plead a second time (and sometimes third or fourth), the vast majority of cases were reinstated. I expect the same to happen here. By granting leave to file an amended complaint, the Court is telling the attorneys
that they have another opportunity to plead proper counts. Even though Federal Court only requires "notice pleading" versus actual "fact pleading", the attorneys could (and probably will) plead a certain number of facts in the amended complaint to get beyond
another motion to dismiss.
Daniel J. O'Connell, JD, PhD*, MPH, CPH
Research Director
Snow Health and Environmental Consultants
Suite 3400
135 South LaSalle Street
Chicago, Illinois 60603
*abd
From: ACS Division of Chemical Health and Safety [mailto:DCHAS-L**At_Symbol_Here**PRINCETON.EDU]
On Behalf Of Doug Cody
Sent: Thursday, April 25, 2019 2:36 PM
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
This case's verdict is extremely troubling. I agree with all the other posters on this thread. I'm just about to conduct some annual safety training for the K-12 sector. I'm going to have to think about how
I want to reinforce the basic principles I teach. If I were this student's parents I would be livid. There is so much wrong here.
Douglas S. Cody, CSP, CSHM, AS, BA, BS, MS, MA
Associate Professor of Chemistry
Past Chair NYSUT Task Force on Health & Safety
Past President American Society of Safety Engineers LI Chapter
Farmingdale State College
Lupton Hall
2350 Broadhollow Rd
Farmingdale, NY 11735-1021
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.
---
For more information about the DCHAS-L e-mail list, contact the Divisional membership chair at
membership**At_Symbol_Here**dchas.org
Follow us on Twitter **At_Symbol_Here**acsdchas
--- For more information about the DCHAS-L e-mail list, contact the Divisional membership chair at
membership**At_Symbol_Here**dchas.org Follow us on Twitter **At_Symbol_Here**acsdchas
