Lawsuit Filed Against Kumon After Unsupervised Child Critically Injured

The parents of seven-year-old Bastian Michel, severely injured after wandering away unsupervised from a Kumon Math & Reading Center in San Jose’s Willow Glen neighborhood, are filing a lawsuit against Kumon North America and Systematic Learnings Inc., which operates the Kumon Math & Reading Center of Willow Glen. The lawsuit accuses the defendants of negligent supervision, leading to Bastian being struck by a vehicle and almost losing his life. The driver involved in the accident is also named in the lawsuit.

The suit alleges that Systematic, as a Kumon franchise, was required to adhere to Kumon’s guidelines on the safety and supervision of children. However, it claims that Kumon’s safety standards were inadequate for a business frequently handling child drop-off and pickup.

“Kumon should have recognized the dangers associated with children leaving various franchises, including risks of vehicle-pedestrian collisions,” said the family’s attorney Mark Boskovich.

According to the 2022 Transportation Research Board, an estimated 25,000 children are injured, and over 100 are killed on average each year in vehicle-pedestrian collisions occurring during drop-off or pickup situations.

The lawsuit states that Kumon did not mandate checkout procedures for young children at its franchises.

On June 24, 2024, Bastian’s mother dropped him off at the Willow Glen Kumon Center for a scheduled session. Unbeknownst to the staff, Bastian left the premises while his mother waited in the parking lot. For nearly an hour, the center’s employees failed to notice his absence, only realizing he was missing when his mother entered to inquire about him.

During this time, Bastian had wandered onto the busy Willow Street, where he attempted to cross the road alone and was struck by a vehicle. The impact was severe, stopping his heart. Fortunately, an off-duty paramedic was nearby and managed to resuscitate him, though Bastian suffered catastrophic injuries.

Bastian’s recovery has been arduous, involving multiple surgeries and an extended hospital stay. Though he has made progress, he still faces a long and challenging journey to full rehabilitation.

“This was a tragedy waiting to happen,” Boskovich said. “There was no policy in place to ensure that a parent was present for a child’s pickup, nor was identification required to allow a child to leave with an adult.”

This case underscores the importance of proper supervision for children and the potential dangers of lapses in vigilance. It also highlights the need for robust safety protocols at tutoring centers and similar facilities catering to children.

“We hope this lawsuit will push Kumon to implement necessary changes to prevent any other child from being injured or even killed due to a lack of supervision or safety protocols,” said Ashley Mompoint-Michel. “For Bastian, we want to ensure he has the financial resources needed for a full recovery.”

In California, any financial settlement for a minor must be supervised and overseen by the courts until the child turns 18. Until that time, all disbursements on behalf of the child also require a court order to protect against financial abuse.

For more on the story, go to:

Parents of child hit by car after leaving San Jose child center unsupervised file lawsuit alleging negligence South Bay family sues tutoring company San Jose boy, 7, critically injured by truck after going unsupervised: lawsuit Family of 7-year-old hit by car in SJ during tutoring session suing Kumon for negligence