San Jose boy, 7, critically injured by truck after going unsupervised: lawsuit

(KRON) – Bastian “Bazzy” Michel was finishing his afterschool program in San Jose this summer before he was critically hit by a truck, leading his heart to stop beating temporarily. A lawsuit filed by Bazzy’s parents on Wednesday now alleges that the 7-year-old was unsupervised at the time he was released. 

According to the lawsuit, Bastien’s mother dropped off her son at his afterschool program at a Kumon Math & Reading Center in San Jose's Willow Glen neighborhood on June 24. The lawsuit states that his mother then returned to the center and waited for her son to come out for nearly an hour. 

The lawsuit claims that “unbeknownst to the staff,” Bazzy had left the premises while his mother waited in the parking lot. “It was only when his mother entered the facility to inquire about her son that they realized he was missing,” attorneys said. 

While his mother was waiting, Bazzy wandered onto Willow Street before he was struck by a truck while attempting to cross the road alone, the lawsuit said. Damage was severe, causing his heart to temporarily stop beating, but an off-duty paramedic was able to resuscitate him. 

Despite being resuscitated, Bastien’s GoFundMe says the crash resulted in “catastrophic injuries,” the 7-year-old still suffers from to this day. According to his family, Bazzy suffered from the following injuries:

• Collapsed lungs
• Skull fracture and brain bleeding
• Both legs are broken
• Ruptured spleen
• Damage to his bladder
• Broken arm
• Internal bleeding

The lawsuit is against Kumon North America and the center’s franchise owners, Systematic Learnings Inc., alleging negligent supervision, which resulted in Bastien nearly losing his life. 

According to attorneys, the center was required to follow Kumon’s guidelines concerning the education and safety of children. The lawsuit claims Kumon did not require their franchises to have any form of checkout procedures for young kids, or at the least had standards that were “severely lacking,” commenting the following: 

"This was a tragedy waiting to happen," attorney Mark Boskovich said. "There was no policy in place to ensure that a parent was present for the pickup of their child, nor was any type of identification required to allow a child to leave with an adult.”

There is nothing more important to us than the safety, security, and wellbeing of the students enrolled in the Kumon program. 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. Kumon North America

Fellow attorney Ashley Mompoint Michel said they want this lawsuit “to force Kumon to make the necessary changes to ensure that no other child is injured or even killed by a lack of supervision or safety protocols… For Bastien, we want to ensure that he has the adequate financial resources to make a full recovery."