Court decides schools are responsible for kids at dismissal Latest in a series of similar cases. Nothing found, though students allowed to go home before noon. Wednesday, May 21, 2006 • BY ROBERT SCHWANEBERG • Star-Ledger Staff Public schools have a duty to send young students home with responsible adults, a state appeals court ruled yesterday in reinstating a lawsuit over an accident that followed an early dismissal. The ruling allows the family of a 9-year-old boy, left a quadriplegic when he was hit by a car while playing unsupervised after classes, to sue the Pleasantville school district in Atlantic County. A spokesman for the New Jersey School Boards Association said the case could prompt changes in the way schools dismiss their younger students. Because of an early dismissal at 1:05 p.m. on the day of the acci dent, Joseph Jerkins, a third- grader at the South Main Street School, was already gone when his 21-year-old brother arrived at school to pick him up at the usual time, 2:50 p.m. About 4 p.m., according to the appeals court, Joseph was playing with another youngster when he ran into the street, was struck by a car and "sustained catastrophic injuries to his spinal cord and brain, rendering him quadriplegic." His family sued the driver and owner of the car, the Pleasantville school district and the principal at Joseph's school, Rosemay Clarke. A trial judge ruled the school had no responsibility for an acci dent that occurred hours after the end of the school day. Appellate Division Judges Edwin Stern and Joseph Yannotti disagreed. "It is foreseeable that a 9-year-old child who is dismissed from school early without proper supervision could thereafter run into the path of a motor vehicle on a busy thoroughfare several blocks from school," they wrote. "Prior to releasing a 9-year-old student like Joseph, the school administrators and teachers could readily determine whether the stu dent has been met by an adult or responsible older sibling. If not, the child would not be dismissed and a phone call made to ascertain whether a responsible person will be coming to the school to meet the student," they added. The appeals court concluded it is up to a jury to determine if the school district was negligent or whether it met its duty to its stu dents by publishing a calendar stating that school would get out at 1:05 p.m. on June 15, 2001, the day of the accident. Hackensack lawyer Scott McClain, who handled the appeal for the Jerkinses, said, "This case should advance to a jury trial, and we're certainly very happy for Jo seph and his family. They've been through a lot." Lawrenceville lawyer Laurie Tilghman, who handled the appeal for the school district, was not in her office yesterday. Mike Yaple, a spokesman for the New Jersey School Boards Association, said that because of the ruling, "you may see some changes in how schools allow children to go home." "You may see more paperwork -- forms and waivers stating whether a child is allowed to walk home," Yaple said. "You may see more staff supervising children at the bell at the end of the day." "Certainly, this is very much an age-sensitive issue," Yaple added. "Any ramifications from this court case will certainly impact the elementary schools, probably not so much the middle and high schools." Robert Schwaneberg covers legal issues. He may be reached at rschwa neberg@starledger.com or (609) 989-0324. © 2006 The Star-Ledger. Used by NJ.com with permission.