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From: Anthony Noce <000004277abe8fe9-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU>
Subject: Re: [DCHAS-L] [EXT] Re: [DCHAS-L] Pa. studentÕs lawsuit over burns suffered during chemistry class explosion is dismissed
Date: Mon, 30 Sep 2019 19:54:12 -0400
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: EE66690A-B43F-4209-BF2E-15AA4240D6AB**At_Symbol_Here**yahoo.com
In-Reply-To <7b880a8a-64fa-ef09-cb8a-0dbc1a361950**At_Symbol_Here**well.com>
It seems to me that this might open up the Society for Additional liabilities...
Sent from my iPhone - please excuse any typos
(518) 466-5608
> On Apr 25, 2019, at 16:52, davivid wrote:
>
> [Actual Sender is owner-dchas-l**At_Symbol_Here**princeton.edu]
>
> Perhaps ACS could reach out to Plaintiff. I'm sure a case can be made for ACS to provide support for this suit in keeping with its charge to promote chemical safety, education and outreach.
>
> Dave Lane
> Principal
> Clavis Technology Development
>
>> On 4/25/19 12:35 PM, Doug Cody wrote:
>> 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
>> UUPF Contingent Officer
>> 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
>>
>> On Thu, Apr 25, 2019 at 5:54 AM DCHAS Membership Chair
>> wrote:
>>
>>>
>>> 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
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>>>
>>
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>>
>
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