Former Teacher Sues Preschooler Who She Says Kicked Her in Ankle

A former teacher at a Simi Valley private school filed a lawsuit Wednesday against a preschooler she once taught, saying the boy caused permanent injury when he kicked her in the ankle.

Lynne M. Fava and her husband, Michael, are seeking more than $25,000 in damages from the preschooler and his parents.

Their attorney, David R. Ellison, said he knows of several cases in which students have sued teachers or fellow students over injuries but that he knows of no other case in which a teacher has filed suit against a student.

According to the suit, filed in Ventura County Superior Court, the incident occurred March 2 at the Phoenix Ranch School, where Lynne Fava was a preschool teacher. When Fava tried to stop the boy from “throwing a temper tantrum,” the suit says, he kicked her in the left ankle. The boy was about 5 at the time, Ellison said.

“He caught her right at the wrong place,” Ellison said. “She’s undergone two surgeries already. He caused severe damage to the foot and nerves.”

Neither the boy nor his parents could be reached for comment. Ellison said that he believes the family lives in the Simi Valley area and that he intends to subpoena school records in an attempt to locate them.

“I would think they would be expecting this,” Ellison said of the parents. “I think they were knowledgeable of the incident when it occurred.”

Ellison said Fava did not go to the emergency room but sought treatment soon after the incident and has been on disability ever since.

The principal at the private school, which accepts children of preschool age through second grade, confirmed that Fava quit last year but said she was not aware of the incident.

She declined to discuss the boy except to say that he no longer attends the school. “He graduated,” she said.

The suit seeks compensation for loss of wages, hospital expenses and Michael Fava’s loss of consortium. It says the boy’s parents are “vicariously liable” for his actions.

Ellison said that under California law, parents are responsible when a minor’s “willful misconduct” injures someone else. He said homeowner’s insurance usually covers such claims.

The attorney said that while the suit is unusual, it is not frivolous. “These are serious clients,” Ellison said. “Kids don’t have a license to go around whipping up on teachers.”