“Student who shocked himself suing school, teacher”

by Walter Olson on August 31, 2010

The suit argues that the student wasn’t given adequate warning that attaching electrical clamps to his nipples could be dangerous. Earlier reportage on the case quoted students who accused the teacher of encouraging horseplay and making light of the dangers of mild shocks; the teacher later resigned but did not face criminal charges. [Joey Cresta, Foster's Daily Democrat/Boston Herald (Dover, New Hampshire)] More: Lowering the Bar (“Nor am I buying the Mountain-Dew-enticement allegations.”)

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{ 7 comments }

1 wfjag 08.31.10 at 12:09 pm

“MOUNTAIN DEW FOR SHOCK

During the investigation, students told police the teacher, Thomas Kelley, told Dubois that he would give him a Mountain Dew in exchange for receiving the shock.

Kelley said he was aware students were playing with the electrical test cord and that the conversation focused on Mountain Dew, but police say no one, including Kelley, believed that the shock would critically injure Dubois the way it did.

Dubois told police he did not have full recollection of the event, but he did remember one student telling him about getting a Mountain Dew in exchange for receiving an electrical shock. ”

see article “No Charges Filed In Case Of Shocked Student” Mar 22, 2010, http://wbztv.com/local/student.shocked.dover.2.1580245.html

So much for the idea of adult supervision.

2 Jerry Vandesic 08.31.10 at 1:01 pm

If the kid had died, he would have been the odds on favorite for a Darwin award.

3 thenambypamby 08.31.10 at 1:03 pm

I would give a lot of money to have a client like that. If only to walk into a court room and tell a judge what he did.

And attempt to keep a straight face while doing so.

4 Mannie 08.31.10 at 2:32 pm

This sounds like a clear case of Respondeat Superior. The employer is responsible for the stupid acts of an employee. If, as the article suggests, the teacher demonstrated how safe a 120V line is, and taught the student that there were safety features in place to prevent injury, then how can a stupid kid be responsible for listening to a stupid teacher.

Yeah, I know, I teach my grandkids to never trust a teacher, but few people do.

5 Doug 09.01.10 at 7:47 am

Mr. thenambypamby, would your Ipad be involved if you took this case to court? LOL. Just wondered.

6 KDP 09.01.10 at 9:39 am

“Court documents say DuBois suffered brain damage due to the heart stoppage.”

I beg to differ. It’s my observation that all kids are brain damaged.

7 thenambypamby 09.01.10 at 2:26 pm

Most likely. Just as a tool to use to beat some common sense into my client.

“The iShank. A new app coming to an iPad near you.”

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