Penberthy also argues district employees did know about the injury and, further, allowing the late claim won’t substantially harm the district’s defense in the case.
She notes Hughes was there when the accident happened and Mansouri twice turned in doctor’s notes last year stating she couldn’t fully take part in gym class because of her injury.
However, the district’s outside counsel, Nicholas John Heintzman, said Hughes didn’t know the severity of the injury because Mansouri didn’t report it to him or to the school nurse, who filed an affidavit with the court stating Mansouri never sought treatment from her. And the notes from Excelsior Orthopaedics, included in the court filings, don’t indicate the cause of her injuries.
Heintzman also argued that, according to the relevant case law, Mansouri’s youth and lack of legal knowledge don’t justify extending the notice of claim deadline.
“Four hundred and seventeen days after the accident, respondents’ opportunity for investigation is limited and claimant’s late notice of claim will result in irreparable prejudice,” wrote Heintzman, who also represents Hughes.
Devlin has yet to rule on Mansouri’s petition.
Nick Filipowski, a spokesman for the district, said he couldn’t comment on pending litigation.