Student had to undergo emergency surgery. Suit claims she has suffered permanent injuries.
Former student is suing Somerset Secondary Academy for unspecified damages. (File photo)BRIDGEWATER -- A former student has filed a lawsuit alleging that a security guard at the Somerset Secondary Academy broke her neck and caused permanent damage while restraining her during a meeting in the principal's office.
Kadia McClary, 19, of Somerville, claims in the lawsuit filed in Somerset County Superior Court that security guard Ronnie Perri restrained her in a "negligent, careless and otherwise reckless manner," resulting in her having to undergo emergency surgery following an incident on Oct. 1, 2013 that started with an altercation with another student.
The lawsuit, filed on Dec. 21, contends that school administrator Robert Jankay and principal Gina Papa watched as Perri restrained and injured McClary. Her attorney, Ed Rebenack, said he has video surveillance of the incident.
"There were school officials present when the incident happened who failed to intervene," Rebenack, of the New Brunswick-based law firm of Rebenack, Aronow & Mascolo, said. "As we go through the discovery process we'll be investigating any similar incidents that may have occurred at the school."
The alternative school, which is under the umbrella of the Somerset County Educational Services Commission, goes from grades nine through 12 and accommodates students who have been unsuccessful in the mainstream educational system, according to its website.
Superintendent Harold Dunsavage did not return a call seeking comment.
Rebenack, who is seeking unspecified damages in the 11-count complaint, said he's waiting for the defendants to retain counsel and file an answer to the lawsuit.
Also named in the suit are the state of New Jersey, the New Jersey Department of Education, the New Jersey Board of Education, Somerset County Department of Education, Somerset County Educational Services Commission, Somerset Academy, Dunsavage, Stephen Yurchak, Papa, Christine Montiero, Jankay and Perri.
According to the suit, on Oct. 1, 2013, McClary was involved in an altercation with another student. Jankay intervened and took both McClary and the other student to Papa's office.
Upon entering Papa's office, Jankay allowed the students to resume their confrontation, it is claimed in the suit. With Jankay and Papa watching, Perri physically restrained McClary, causing her injury, the suit claims.
In the process, Perri broke McClary's neck, "including a perched facet and subluxation of C5 on C6 with partial spinal cord injury, right upper extremity paresis and C5-6 disc disruption," according to the suit
The suit alleges McClary has suffered "severe and permanent bodily injuries" that have caused her "great pain and suffering" and left her with "permanent disabilities" that will require medical attention.
Rebenack declined to comment on McClary's current medical condition, but did say that a metal plate and screws were needed to set her spine.
The suit further claims that Perri acted with "malice and/or a wanton willful disregard of foreseeable injury" to McClary.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.
