Issue link: https://maltatoday.uberflip.com/i/201600
News maltatoday, WEDNESDAY, 30 OCTOBER 2013 Man awarded €291,000 in damages 15 years after incident CHRIS MANGION THE directors of Bambi's Play- school were ordered to pay €291,200 to Nicholas Karl Stivala, now 20, after a court stated the school was responsible for the incident which left the student permanently disabled, 15 years ago. The case dates back to 14 January 1998, when Stivala, then five years old, was attending Bambi's Playschool in St Julian's. His class was on the first floor and while the teacher responsible for Stivala's class, Lorenza Dimech, went to get stationary from the ground floor, the young kid needed to go to the bathroom. Knowing that if he left the class without permission he would be punished, the student placed a chair at the top of the stairs to see if the teacher was on her way back. Stivala slipped off the chair and fell over the guard rail. Due to the fall, Stivala suffered 80% permanent disability. When the victim took the witness stand, he was eight years old. His testimony was corroborated by a fellow student named Ruby. However when giving evidence, Ruby held Stivala had not used a chair but climbed up the stairs' guard rail. School owner Maris Anastasio recounted how she had transferred the daily running of the school to her son Anthony. She resided in the top floors of the house and went on site when the incident happened. Anastasio held there was no school policy for when a teacher needs to leave the students alone in class. She confirmed that Dimech had left the class to collect documents from the secretary, believing it would take her less than a minute. Dimech had stopped working at Bambi's in 2002. Lorenza Dimech took the witness stand and explained she had indeed gone to the secretary for stationary and documents. She reiterated the children were used to spending time alone, as when she needed to go to call parents or collect things from secretary or other teachers she had no alternative but to leave them alone. It was only after Stivala's incident that the school issued policies to be followed when students need to be left alone. The school also failed to hold regular staff meetings to discuss issues faced by the teachers. A single meeting was held prior to the start of the scholastic year. Other teachers corroborated her evidence. The First Hall of the Civil Court decreed that the school is responsible for 75% of the damages the child suffered, while the teacher is responsible for 25%. Due to his disabilities, the youth is unable to keep a steady job and leads a restricted social life. Mr Justice Mark Chetcuti awarded Stivla €291,200 in damages to be paid 75% by Bambi's Playschool and 25% by teacher Lorenza Dimech. Download the MaltaToday App now