Parents sue over attack on daughter

PROVIDENCE, R.I. — The parents of a Chariho graduate are seeking damages in federal court for what they say was an unprovoked attack against their daughter that resulted in a permanent disability.

Mark and Beth Zell say their daughter, identified as K.Z. in a U.S. District Court lawsuit filed June 6, sprayed Silly String into the air as seniors wearing togas passed through two lines of underclassmen deploying noisemakers, streamers and Silly String on Friday, Oct. 16, 2015.

One senior, who had an ex-boyfriend in common with K.Z., attacked her from behind, the lawsuit says, hitting her in the head with the edge of a cell phone until she fell. The senior argued that K.Z. sprayed Silly String directly into her face.

The Zells say their daughter suffered a concussion. She reported head pain that morning but was not given medical attention. The Zells say they were not informed of the incident until four hours later, after school officials had requested the hallway surveillance video and called the school district's lawyer. Only then did the school nurse perform a concussion assessment and advise that she get to a hospital.

Defendants in the lawsuit include Chariho school officials, state education officials and the girl who caused the injury. The suit describes school officials protecting themselves rather than showing concern for K.Z.'s injury.

In the lawsuit filed on behalf of their daughter, the Zells say school officials did not watch the video until the next Monday, after both girls were given a one-day suspension. The Zells took their daughter to the hospital that Friday afternoon, then visited the Richmond police to lodge an assault complaint against the other girl. They were told the girl would be arrested that night; then it was changed to Monday at school. 

That Sunday, the lawsuit says, Chariho Supt. Barry Ricci exchanged emails with the Richmond police chief. On Monday, the Zells were told that if the other girl was charged, their daughter would also be charged, both with disorderly conduct. They decided not to pursue the charges.

K.Z.'s concussion resulted in her missing six days of school. Later, she suffered a seizure while driving, her father said. She has recently been diagnosed with a seizure disorder.

On Tuesday, Zell described his daughter, then a junior, as an honors student and athlete with no discipline record and a dream of becoming a nurse. She was enrolled in the Chariho technical school's nursing program. Since her injury, the family moved from Hopkinton to North Kingstown, but K.Z. continued in the nursing program and graduated in June.

Ricci, named as one of the defendants, issued a statement Tuesday saying:

"For as long as I am Superintendent, there will be one Code of Conduct that applies equally and equitably to all students. There will not be a separate Code for those who plan to go to college.

"I look forward to court proceedings in this matter where the school district will dispute the claims and statements put forth by the former student, her family and their attorney."

Jon Anderson, the school district's lawyer, was named as a defendant. The Chariho defendants will be represented by Mark Reynolds, of Reynolds, DeMarco & Boland, a Providence law firm that represents insurance company clients in civil litigation. 

Paige Munro-Delotto, of Munro-Delotto & Sheehan in Providence, represents the Zells. Munro-Delotto said the federal lawsuit seeking damages was not begun until the Zells exhausted their attempts to have K.Z.'s suspension removed from her record. Also, she said, K.Z.'s seizure disorder was only recently diagnosed. 

Richmond Police Chief Elwood Johnson Jr., who was not named in the suit, did not recall details about what happened and declined to immediately provide police records, saying the incident involved minors.

He asked The Journal to file a formal written request under the Freedom of Information Act. A formal request was filed on Wednesday, and under the law the police have 10 days to respond.

Attempts to reach the young woman named as the assailant were unsuccessful Wednesday. The Chariho Regional School District serves Charlestown, Richmond and Hopkinton. 

— dnaylor@providencejournal.com

(401) 277-7411

On Twitter: @donita22