In a heartbreaking incident, a 7-year-old boy named Bastian Michel was struck by a car after wandering away from a Kumon learning center in Willow Glen, California. The boy's parents have now filed a lawsuit against Kumon North America and the local franchise, alleging negligent supervision and a failure to implement proper safety protocols. The case has shed light on the critical importance of childcare safety measures in educational institutions.

Ensuring the Safety of Young Learners: A Paramount Responsibility

Unsupervised Departure Leads to Devastating Consequences

Bastian Michel, a bright and active 7-year-old, was attending a scheduled session at the Kumon Math & Reading Center of Willow Glen when the unthinkable occurred. According to court filings, the young boy was able to leave the premises without staff noticing, and an hour later, a staff member realized he was missing and logged him out for the day, assuming he had been picked up by his parents. It wasn't until Bastian's mother arrived two hours after his session began that the staff realized he was gone.Tragically, after leaving the Kumon center, Bastian attempted to cross Willow Street, where he was struck by a vehicle. The collision left the young boy with life-threatening injuries, including a ruptured bladder, skull fracture, and multiple broken bones. Bastian's heart even stopped beating, but he was saved by an off-duty paramedic at the scene.

Kumon's Alleged Failure to Prioritize Safety

The lawsuit filed by Bastian's parents alleges that Kumon North America and the local franchise failed to adequately train their staff on proper safety protocols for the drop-off and pick-up of children. The complaint argues that simple measures, such as requiring guardians to sign children out before they leave the premises, could have prevented this tragic incident."Kumon did not enforce or train its franchises on proper safety protocols for the pickup and drop off of children," said Mark Boskovich, the lawyer representing Bastian's parents. "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."

The Lasting Impact on Bastian and His Family

Bastian's recovery has been arduous, with the young boy facing numerous surgeries and a lifetime of medication. His mother, Ashley Mompoint-Michel, described the incident as "every parent's worst nightmare" and a "violation of our trust to our children that our children are truly safe with an adult-run business that interacts with our children."Despite the severity of his injuries, Bastian's family remains determined to help him lead a normal life and succeed. Mompoint-Michel described her son as a bright and charismatic child, excelling in subjects like science and math, and active in sports like soccer and swimming."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."

Kumon's Response and the Ongoing Legal Battle

In response to the lawsuit, Kumon North America issued a statement expressing their commitment to the safety and well-being of students enrolled in their program. However, the company also noted that they have not yet been served with or named as a party in any legal filings related to this matter.The complaint was filed in the Superior Court of California in Santa Clara County on October 3rd, and the suit seeks damages from all three defendants: Kumon North America, Systematic Learning Inc. (the operator of the Willow Glen franchise), and the driver of the vehicle involved in the collision.As the legal proceedings unfold, the case has highlighted the critical importance of childcare safety measures in educational institutions. The Michel family's pursuit of justice aims to ensure that no other family has to endure the same heartbreak and that Kumon and similar organizations prioritize the well-being of the young learners entrusted to their care.