Parents of child hit by car after leaving San Jose child center unsupervised file lawsuit alleging negligence

SAN JOSE — The parents of a 7-year-old boy who suffered life-threatening injuries after being hit by a car earlier this year when he wandered away, unsupervised, from a San Jose learning center for children have filed a lawsuit alleging negligent supervision.

The complaint against Kumon North America and against Systematic Learning Inc., which operates Kumon Math & Reading Center of Willow Glen, alleges that the corporate parent does not adequately train its franchises in safety measures for the dropoff and pickup of children, which allowed Bastian Michel, 7, to leave the premises alone on June 24.

“My clients entrusted Kumon with the care of their son. Kumon had a responsibility to take due care to ensure he returned to his parents safely,” Mark Boskovich, the lawyer for Bastian’s parents, said at a press conference Wednesday. “They failed to do so here.”

The suit said that youth-serving organizations such as Kumon should take “simple, reasonable measures” to ensure the safety of children, such as assigning adults to check out specific children or requiring guardians to check out their children with an electronic application.

The complaint also lists the driver of the car as a defendant, alleging that in piloting the vehicle at the time of the collision, he caused “physical, mental and emotional injuries,” according to court filings.

“There is nothing more important to us than the safety, security, and wellbeing of the students enrolled in the Kumon program,” Kumon North America said in a statement to Bay Area News Group. “All of us at Kumon continue to wish the student a complete recovery. At this time, Kumon has neither been served with nor is named as a party in any legal filings related to this matter. We will address any such claims in the appropriate legal venue.”

The Kumon Math & Reading Center of Willow Glen did not immediately respond to a request for comment Wednesday.

Bastian had been attending Kumon for his scheduled session June 24 when he left the premises without staff noticing, according to court filings. An hour after he arrived, a staff member noticed he was gone and logged him out of his session for the day, assuming that he had been picked up by his parents and walked out by another teacher, the filings allege.

The staff of Kumon Willow Glen only realized the boy was missing when his mother came inside to ask about her son two hours after he first arrived for his session, according to court filings.

After leaving Kumon, Bastian attempted to cross Willow Street, where he was struck by a vehicle with a male driver. Following the collision, his heart stopped beating and he was saved by an off-duty paramedic, said Ashley Mompoint-Michel, the boy’s mother.

“What happened to Bastian on June 24 should never have happened to him or any other child,” Mompoint-Michel said. “It is truly every parent’s worst nightmare — a violation of our trust to our children that our children are truly safe with an adult-run business that interacts with our children.”

Bastian’s injuries included a ruptured bladder, skull fracture and multiple broken bones, Boskovich said. He has metal rods in both of his legs and had to undergo numerous surgeries, according to court filings. He will have to take medication for the rest of his life, Mompoint-Michel said.

“Kumon did not enforce or train its franchises on proper safety protocols for the pickup and drop off of children,” Boskovich said. “Had Kumon done something as simple as requiring a guardian to sign the child out prior to them exiting the premises, this would have never happened.”

Bastian is “good at science and math,” Mompoint-Michel said. “He’s a soccer defender and he swims. He’s smart, charismatic, funny, affectionate, compassionate and truly an empathetic child.”

The complaint was filed in the Superior Court of California in Santa Clara County on Oct. 3. The suit seeks damages from all three defendants.

“Bastian’s road to recovery has been arduous for him and our family, but we’re determined to help him lead a normal life and succeed despite the severity of his injuries,” Mompoint-Michel said. “He’s not always happy about pushing through his pain, but when he hits even the smallest milestone, the smile on his face warms our hearts.”