MAHONING COUNTY Dad of injured boy sues parents of the accused
The older boy was charged with juvenile assault.
YOUNGSTOWN -- A father who says his boy was injured when thrown into a window at West Branch Junior High School is suing the parents of the youth accused in the assault.
Thomas E. Nieman of Sebring is suing Mary Fisher of Beloit and Gerald Fisher, address unknown, accusing them of being "statutorily liable for the assault committed by their minor child," according to the lawsuit.
The suit was filed Tuesday by Paul W. Newendorp of the Cleveland firm Brown and Margolius.
Brandon Fisher was 11 on Oct. 18 when he pushed 9-year-old Zachery Nieman into a window at the junior high school after a practice of the Little Warriors football team, said Goshen Township police officer Stephanie Daley. Both boys were on the team, she said.
Daley said that Zachery's head went through the window and he suffered several cuts. He was taken to Salem Community Hospital. She said the injuries prevented him from competing on a wrestling team.
Fisher was charged with juvenile assault. The status of the case in Mahoning County juvenile court was not immediately available Tuesday.
The lawsuit says that Brandon was "negligent, reckless, wanton, and/or grossly negligent" and caused extensive scratches, which required medical treatment and caused physical and emotional pain.
The suit requests compensation for medical expenses and the older Nieman's time lost from work to care for his son. It also requests an additional amount of more than $25,000 for injuries and damages and $10,000 from Brandon's parents.
The suit also requests punitive damages.