New Jersey student settles $100K suit after fall while fleeing wasps

A former New Jersey high school student who tripped over a pothole while fleeing a swarm of wasps during an outdoor gym class has won a $100,000 settlement in his lawsuit, according to reports.

Luis Silverio, now 20, claimed in a 2017 complaint that he had been running laps on a dilapidated pathway in Westside Park on Sept. 16, 2016, at the instruction of Jason Brant, his gym teacher at John F. Kennedy High School in Paterson, the Paterson Times reported.

His classmates began throwing rocks at a tree containing a nest – sending the wasps into a stinging frenzy among the kids, according to the outlet..

When Silverio and other students ran toward the school to flee the wasps, he tripped in one of several potholes, severely injuring himself, according to the lawsuit.

He suffered “physical, emotional and psychological injuries,” according to the lawsuit, filed in Superior Court of Passaic County, alleging that the track was in a poor condition, reported.

The suit — filed by Silverio and his parents, Luis and Leydi — blamed the teacher and other district employees for failing to stop the other students from throwing rocks at the nest.

The family accused the city public school system of negligence. They also named the city as a defendant for failing to properly maintain the public park.

In October 2019, the family’s attorney offered to settle the case against the school district for $135,000, according to court documents cited by

The Board of Education approved a $100,000 settlement during its meeting on Monday, according to

The district, which denied many of the allegations, did not admit any wrongdoing in agreeing to the settlement, the news outlet reported.

The lawyer also had made a $100,000 judgment offer to Paterson to resolve the matter, but the city has yet to settle the case, the Paterson Times reported.


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