Student sues teacher over spill of chemical By Associated Press, 7/5/2001 09:02 <http://www.globe.com/dailynews/186/region/Student_sues_teacher_over_spil:.s html> CAMBRIDGE, Mass. (AP) A curious science student who asked her teacher what would happen if liquid nitrogen spilled on someone learned the hard way when the teacher poured it on her legs, according to a lawsuit. The girl and her mother claim that after the teacher at Minuteman Regional High School in Lexington poured the liquid onto her legs, he refused to let her go to the school nurse when she complained of a freezing pain. Dara Kerns, now 16, has permanent scars following the February 2000 incident, according to her lawsuit. But Attorney Mark Furcolo, who represents the teacher, Gary Gaines, and the school, told The Boston Globe that the incident was an accident, adding Gaines would not deliberately pour the chemical onto a student. ''That can't be accurate,'' Furcolo said. ''Who in their right mind would do that?'' The incident is being investigated by the Middlesex District Attorney's office. A state Department of Social Services investigation last summer supported the allegation that Gaines abused and neglected Kerns in the incident, according to a department spokeswoman, who wouldn't release further details. James M. Peterson, the attorney for the girl, said DSS found that Gaines ''intentionally poured a substantial amount of liquid nitrogen either on or within Dara's personal space'' and did not make sure she got prompt medical attention afterward. Gaines was not hired by Minuteman High last fall, Furcolo said. He said he doesn't know whether Gaines has been working elsewhere or how long he had worked at Minuteman, a vocational school. According to the girl's lawsuit, filed June 13 in Middlesex Superior Court, Gaines was teaching a science class and using liquid nitrogen on Feb. 10, 2000. During the demonstration, Kerns asked Gaines what effect liquid nitrogen would have if it came in contact with someone's clothes, Peterson said. Gaines then repeated the question for the class and poured a ''substantial'' amount of the chemical onto Kerns' jeans-clad legs, Peterson said. When she complained about a ''freezing'' feeling and asked to see the school nurse, Gaines refused, but suggested she wash her legs with warm water in the school restroom, Peterson said. Another teacher during her next class escorted the girl to the nurse, who treated her and sent her home. But Furcolo said Gaines inadvertently spilled the chemical onto a desk near Kerns and that the liquid dripped off the desk and onto the girl, who suffered ''minor injuries.'' ''Everyone initially thought no harm was done ... it was an unfortunate accident,'' he said. Peterson said a plastic surgeon has concluded that some of the scarring on Kerns' legs is permanent. ''She is still traumatized by the whole event,'' he said of the girl, who lives with her mother, Cheryl Kerns, in Woburn. They both declined to be interviewed. Peterson said the family filed the lawsuit largely because they were unhappy with the school's response, despite a written apology from Superintendent Ronald Fitzgerald. Administrators suspended Gaines from work for seven days, Peterson said. -- This is the ISTA-talk mailing list. To unsubscribe: <mailto:[EMAIL PROTECTED]> For more information: <http://www.ista-il.org/ista-talk.asp> To search the archives: <http://www.mail-archive.com/ista-talk@lists.csi.cps.k12.il.us/>
