The mom of a child who had an epileptic seizure on a school train after the motorist allegedly refused to let him off is formulation to sue the city for $5 million.
Donmarie Birch is filing a notice of explain against the city, the Department of Education and the unclear train motorist for their purported loosening on the afternoon of Sept. 8 — her son Delon Fraser’s second day of school.
She pronounced her son’s health has gotten worse given the dire event.
“I took Delon to the neurologist currently and she totalled the information in the pacemaker and it shows that his seizures are getting worse,” Birch told the Daily News on Wednesday.
Delon, 9, was driven home on the school train from Public School 141K on Parkside Ave. in Prospect Lefferts Gardens.
But the motorist allegedly wouldn’t recover the fourth-grader to his mom amid a brawl over identification. From 3:10 p.m. until approximately 4 p.m., Birch and her mom argued with the driver, even yet they contend they showed correct ID.
Delon, who can’t be in a sealed space for longer than 45 mins but air conditioning, warned his mom by the school train window that a seizure was on its way.
A raging Birch pulled out her dungeon phone and began recording. Delon was not in a chair belt and other special needs students were on house during the whole ordeal, according to the brief video.
“I don’t wish anything like this to ever occur to anyone else. My son is still aggrieved about school buses,” pronounced Birch, 34.
After several attempts by Birch and her mom to find the police, a bystander alerted a cop in a unit automobile and Delon got off the bus.
Birch’s attorney, Sanford Rubenstein, pronounced the Brooklyn District Attorney’s bureau is doing a rough investigation.
An Education Department orator pronounced last week that the matter was under investigation.
“Our top priority is to yield safe, arguable travel for all students, and this occurrence is still being investigated,” dialect orator Michael Aciman pronounced Wednesday.
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