Brooklyn, NY – A teenage girl who plummeted more than 12 feet with her Yeshiva classmates when a class picture turned into a catastrophe is suing her former school, claiming that the students should never had been told to stand on a rusty sidewalk grate.
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Kayla Revivo, 13, filed a negligence claim against Yeshiva Sharre Torah, claiming that administrators have known that the bolts holding the grate in place were deteriorated. 32 students fell to the basement, but only two suffered broken bones.
Revivo claims she suffered a herniated disc during the fall. She has since transferred to another school, the lawsuit claims.
Aren’t there serious halachic problems is suing a yeshiva in civil court unless directed to do so by a bais din?
Why is this a big deal? That’s what insurance is all about.
What a shame. This sound like a bogus easy rich scam lawsuits. How low can a person fall(in ethics).
Maybe it happened, but it sounds fishy.
Is a minor allowed to sue? Who is her attorney? Is this the isur of not going to arkaos?
Hashem Yishmor.
She and her family should have a Refuah Shelaima… and i’m not talking only physically.
Good luck to her finding a Ben-Torah as a shidduch.
It does not mean that its a hostile situation, trying to make the yeshiva “pay” for what happened, it could be that the girl really deserves compensation, for medical bills etc. And the proccess is a lawsuit.
But “She has since transferred to another school, the lawsuit claims” makes it sound otherwise. If so I hope she reconsiders
A herniated disk, which can easily be verified by a simple MRI, will bother this girl for the rest of her life. it does not go away after a while – it gets worse as you get older. That is what insurance is for. She won’t collect from insurance unless she sues the school. The insurance company doesn’t “do business” in Bais Din. Most likely, they will settle with her since ther is no question of who was at fault her.
#3 is not an attorney or else he would know this is not a bogus claim and #4 has a short memory since there is no question this really happened – it was in all the local papers when it did.
#5 A minor can sue – her parents act as her guardian and they engage the attorney. The Court can order the funds from any damage award to be held in escrow until she turns 18.
You all sound like the people who protect the “adult” abusers over the abused “child”. Bottom line is the school has a responsibility to look out for the well being of their students. Even if this is only a case of benign negligence, a student who falls 12 feet and breaks bones or suffers a herniated disk under the watch of school on property the school is responsible for, then they have a right to sue. In terms of going to a bais din vs civil court, we do not know the sequence of events, but even if this girl chose civil court up front, I can completely understand the concept that unfortunately too many batei dinim today are corrupt and can not be trusted. That is a sad reality. I am sure she will find a great shidduch one day, someone who appreciates that she felt the need to look out for her well-being.
I like how vin leaves out an important line at the end
“Officials from the Department of Buildings gave Yeshiva Sharre Torah administrators a violation for failing to maintain the grate after it was determined that the worn-out bolts snapped under the children’s weight.”
This already means negligence was determined by a formal finding.
It sounds like a complete accident, i.e., no malice. But it sounds like the school failed to maintain its own sidewalk grates. Plus, the school took the students outside for a picture? Isn’t the classroom sufficient?
This incident occurred in May 2009. Interesting that the lawsuit is only being filed now. You would think that the bet din would be the correct avenue, but #2 has a point: the school’s insurance, which covers incidents like this, might only respond to a civil lawsuit and not to a bet din action, which is effectively a mutually-agreed-to arbitration. It’s unfortunate, but this might be a necessary consequence of using insurance companies which do not operate according to the Shulchan Aruch. I wonder if there are any “frum” insurance companies operating in the United States.
If the school was actually negligent then they deserve to be sued.
to all above posters, how do you know that she(her family) has not laid out serious cash for medical expenses. The yeshiva insurance policy should cover it. Bais Din cannot file an insurance claim. I do agree that the claim as portrayed in the article that the school knowingly knew about the old bolts is bizarre. I am sure the school was not cognizant of the danger of putting girls on the storm grate.Additionally, perhaps bais din was in fact first consulted and it does not make mention of it in the article.
I don’t see anything wrong with that. It’s not criminal… She only goes after their Insurance for the pain she suffered. I believe that even the School might understand her.
If a yeshiva is negligent, where in halacha does it say that we can not hold that yeshiva responsible. I think that it is wrong that if someone dares to hold a yeshiva responsible for its negligence than that person is ostracized from the jewish community and they wont be able to find a good shidduch.
To #3 attorney: why not take that position when it’s you who fell, Gd forbid and it should never happen? When it’s someone else just sit tight on the fence and let G-d be the judge.
I was there, of the first responders. What I saw, I will NEVER forget. Twisted metal, girls screaming, trapped between the grates that had fallen and the wall down below, bleeding, bruised and broken. It was a disaster to say the least. Took the FDNY to untangle and extricate some of them.
Whoever can say that she is just trying to make a quick buck is NUTS!!! I don’t remember this girl in particular but there were many with injuries. She is FULLY justified in her concern for a long-term financial resource. A traumatically (vs DDD) herniated disc (when proven by MRI) is a lifelong, painful condition which gets worse with time. Often requires surgical procedures which are statistically only 50% successful at best. I wish this young lady a refuah shelaimah bekarov and a lot of chizuk for what she may end up going through.
If the yeshiva didn’t maintain the grate, they are doubly responsible and should be sued for every dollar they have. Any yeshiva that puts their talmidim at risk of serious injury should be shut down and the administrators held accountable. There is no sheilah here of having to go through some beis din to obtain compensation for a serious injury caused by the yeshiva’s apparent negligence.
All you people who are bashing the victim why don’t you take 1 minute to think what would you do in this situation. I’ll tell you the truth I would sue if i got hurt
Toss the suit out of court!!
This story happened MORE than 2 years ago! It took so long for the pain to come up?????
Smells fishy to me.
Keeping bashing the girl around without knowing the facts. This is such nice talk the day after Yom Kippur for everyone to see. I wonder though…how do you ask mechilah from everyone that views this site? It’s ok..You have a long time to figure it our before next RH and YK.
the truth is that in many of our frum schools and camps safety is simply taken for granted.
Just a guess, but perhaps the Yeshiva administration recommended that she sue in a civil court in order to get the insurance company to pay. Bottom line is she’s suing the insurance company and not a Jew or Jewish institution. Perhaps VIN could find out what’s daas torah on such a shialah.
Suing a Yeshiva???? MEshuga!
if the school was negligent, it is actually a good thing that no one got hurt worse. maybe the suit will get them to fix the problem and watch out for other problems before someone gets killed, G-d forbid. if the damage are compensatory, I don’t see a problem. the fact that she didn’t pursue in beis din, maybe she did, we don’t know.
The school is most definitely reponsible for placing the students in danger. This young lady will have back problems for the rest of her life. This condition will limit her future plans and may even change her career choice. Her back pain will increase during any future pregnancies and she will most likely require a great deal of household assistance while pregnant and when she has young children. Why shouldn’t she be compensated for the school’s poor decision? She will require extra money for the rest of her life just to do the things that most of us are able to do on our own.
This is great news, we had a child with disebilitys and he had choked in respit program not once but twice. The first he recovered after 3weeks in the hospital because the girl that was doing heimlich manuver broke his diaframe. And the second he ended up in hospital for the same exact thing and died after 7weeks. Now here came the real parents which had nothing to do with the child besides giving us their child to take care of. And asked their rav and he said you can not sue. Why? Because “Y” is a kruket letter. So I’m happy for this girl that’s sueing her school they have insurance for a reason and if he school didn’t have insurance then for that alone they shall be sued. Enough with the irrisponcible schools. Get it, got it,? GOOD.
It has been paskened many times that it is permissible to sue a yeshiva, in civil court, where there is insurance. The real party in interest is the insurance company, not the yeshiva. There are many cases pending, and in the past, against yeshivas, camps and shuls in the civil courts, involving all kinds of accidents, where insurance applies – bus accidents, slip and fall cases, abuse cases, and others. It really is a non-issue.
I see nothing wrong with suing the school, but, why does it have to be made public? That’s what’s wrong.
“Someone sued a Yeshiva. Cherim!!”
Seriously?
For all you uninformed sheep bleeting at this girl who obviously sustained a painful injury (no one seems to contest that fact, and a herniated disc is a medically objective condition): The girl waited this long to sue for several reasons:
1. She was likely in the hospital and undergoing physical therapy/treatment. Thus, most lawyers would have advised her to wait to sue, so that the full extent of her damages are known. (When you make a damages demand, you actually need to back that fact up with medical costs, expenses, time lost due to being confined to bed, home, or hospital). Consider the converse situation: Girl runs to the lawyer before her doctor – wouldn’t you bash her even more then?
2. Her parents didn’t feel the need to sue originally or didn’t want to sue a Yeshiva, but then the medical costs started adding up and they decided to explore what their legal options were.
3. They didn’t realize they could sue the Yeshiva to recover their damages until they saw a lawyer ad/told the story to someone who advised them to call a lawyer. A surprising amount of people dont realize they should sue in these types of cases.
Actually the Yeshivah most of the time does not mind such victims suing their “insurance” they fell terrible about what happened to 1 of their own the least they can do is to give that victim SOME compensation to pay for their medical expenses PT etc. Even if that means paying a drop more for future premiums.
The fact that the kid changed schools does not mean that they’re not getting along… The kid might be traumatized from the experience and couldn’t bear seeing that sight every day.
I was there too. She has every right to sue, I hope the school has a good policy. Even if she wasn’t really hurt it was scary to say the least. Hope she feels better and gets a nice big check for her pain and suffering.
The girl is injured. Her injuries may be permanent. Show some compassion.
I can’t believe that the comments I am reading were written in 2011. It’s like you all share a single brain. People, do yourself and your families a huge favor – there is still time – get out of brooklyn fast!
#27 – NY law allows for a lawsuit to be brought for personal injuries with THREE YEARS of the accident. There is nothing fishy about this at all. Perhaps they went to bais din before going to civil court and it could not be worked out. Perhaps the school even prefers being sued in court so that insurance company will cover instead of paying for damage out of their own pocket.
of course she should sue that is what insurance is 4.
It is astonishing and incredible, that only two days after Yom Kippur, when Al Chet was recited many, many, times, we have numerous Yidden who have unleashed their verbal venom on that poor girl. I remember seeing the videotape of that scene on that day, as it was very close to the end of the school year. Can anyone imagine what it must have been like to feel oneself falling, and being crushed by other human beings, and being trapped in the metal grates. Whomever arranged for the group to pose on that metal grating showed atrocious judgment. Now, the insurance carrier which insures the Yeshiva, must pay for damages. It wasn’t just that one girl who was seriously injured, but other as well. As the Hatzalah paramedic pointed out in a posting, the scene was horrible! Shame on those who have shown contempt for that poor girl!
I have been reading this and thinking. My kid fell in yeshiva when she was 9 –I took her for X-rays and she stayed home for a few days. I never got a cent from the yeshiva. The copays come from my pocket, car service, etc. I never even thought of asking for a penny. Yes, she still has a slight problem withone foot when it rains!!
I remember when the accident happened…it was terrible..if this girl is truly suffering from her injuries- then why is she not allowed to sue? 1)the school should b responsible to make sure their building is safe. 2)that’s why schools, bus. And institutions & even homes are supposed ti have insurance- that’s why u have car insurance…what’s the difference? Bec. Its a yeshiva? Then they should have made sure their building was safe. They should b reprimanded not this innocent 12 year old that fell down 12 feet and suffered pain & trauma & who knows what she will cont. To suffer from. We should daven for her refuah shelaima & not condem her…alll frum ppl r always so quick to stick up for the yeshivas…for frum ppl..for frumkeit…sometimes that’s krum not frum…lately I’ve had the honor of meeting many krum ppl pretending to b frum…I can’t imagine how we expect mashiach to come…so many ppl klopped al cheit yesterday yet don’t realize that sins bein adam l’chaveiro are not so easily forgiven…no matter how big ur shtreimel, or hat brim is…
67 comments and the bottom line is every negative comment against the victim is from a jealous loser upset that it didn’t happen to them, and they can’t sue and get money. THAT’s the real emes.
I recall reading about the accident. I am actually familiar with the building and I actually recall the grates outside that building. Dozens of kids were apparently told to stand on a grate for a class photo, when they could easily have stood on solid pavement. It does seem like negligence was involved.
The girl could have sustained significant injuries which may be permanent. I am disappointed to say the least that anyone here would seek to pass judgement on her or her family for doing what is quite reasonable under the circumstances.
In any event, the matter will be contested and the insurers will be defended by a law firm being paid top dollar.
The parents have to file suit within a set period of time and by doing so they are protecting the interests of their child and seeking to provide for her future, should her attorney be able to convince a jury that serious injuries occurred. There is no other way they could pay her bills and for her care if she needs ongoing care without a lawsuit. Hopefully, the matter will be settled out of court.
The fact that she waited 2 years to sue,plus her transferring to another school (why run away if you feel justified in suing?) raise some questions to most observers.