Family of 7-year-old hit by car in SJ during tutoring session suing Kumon for negligence
SAN JOSE, Calif. (KGO) -- A seven-year-old boy in San Jose has had to re-learn how to walk and has permanent damage after he was hit by a car after allegedly being left unattended during a tutoring session.
His parents are now suing Kumon for negligence and calling on the learning center to ensure this never happens to any other family again.
Wiping tears from her eyes, Ashley Mompoint-Michel relives the trauma.
In June, her seven-year-old son Bastian was hit by a car. The impact ruptured his bladder, fractured his skull and broke multiple of his bones.
His heart stopped, but his parents are thankful his life was not taken from them.
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"Bastian's healing has its ups and downs and we've always celebrated his wins," Mompoint-Michel said. "With each achievement, we try to pull ourselves together and get closer to normalcy. We are so fortunate to have our sweet boy alive and at home with us."
It's something Ashley Mompoint-Michel says was almost not the case.
Court documents reveal Bastian went missing an hour into his tutoring session at the Kumon Willow Glen location. The tutor couldn't find him and assumed his parents picked him up.
Another hour passed before his mother actually arrived and learned he was missing.
He was hit by a car next to the center and now the family is suing the driver and Kumon for negligence.
"What happened to Bastian on June 24 should never have happened to him or any child," Mompoint-Michel said.
"My client's entrusted Kumon with the care of their son," Attorney Mark Boskovich said. "Kumon had a responsibility to take due care to ensure he returned to his parents safely and they failed to do so here."
A sign on the door at the Willow Glen location shows parents are required to drop off and pick up their children, not enter.
As part of the lawsuit, the Michel's want Kumon to put in more protections - like sign-out sheets and updated training for staff.
Kumon America told us in a statement: "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."
Each center is independently owned and operated and the owner of the Willow Glen location did not return our request for comment.
Bastian is back to walking on his own, attending school and playing with his favorite Pokemon.
It's been a long road to recovery, but he is strong.
"As Bastian says, even Tony Stark or Wolverine had to become a little pain to become a super hero," Mompoint-Michel said.
He is a super hero and a fighter, and his parents are thankful and excited for the life they get to share with him.
"To the EMT that saved Bastian's life and got his heart-beating and got him breathing: Jeremy - you are forever Bastian's guardian angel. He still refers to you as his guardian angel," Mompoint-Michel said.
