Lawsuit had been filed by the mother of a 7-year-old girl who died in 2007 after collapsing during an elementary school P.E. class
An attorney representing the Las Cruces Public Schools says a wrongful death lawsuit filed by the mother of a 7-year-old girl who died in November 2007 after collapsing during a physical education class at Dona Ana Elementary School has been settled for $130,000, the Las Cruces Sun-News reported.
Destinie Martinez, who had undergone multiple surgeries for a heart defect, died on Nov. 5, 2007, the newspaper said.
The Sun-News reported that her mother, Candi Martinez, filed the wrongful death lawsuit on April 22, 2008, in state court in Las Cruces. The lawsuit sought unspecified damages and charged that the school allowed an ill child to participate in physical activity and was negligent in its efforts to provide emergency medical attention, according to the newspaper.
Candi Martinez’s lawyers did not return a call seeking comment on the settlement, the Sun-News said.
Tuesday, 29 April 2008 00:45
The mother of a 7-year-old girl who collapsed during physical education class on Nov. 5, 2007, and died a short time later has filed a wrongful-death lawsuit against Las Cruces Public Schools, the Las Cruces Sun-News reported.
Candi Martinez filed suit in state District Court on April 22 claiming that Dona Ana Elementary School allowed her daughter, Destinie Martinez, to participate in physical activity despite her illness and was negligent in its efforts to provide emergency medical attention, the Sun-News said.
Destinie, who had been treated for heart disease, became ill at the school and began vomiting but was allowed to continue the p.e. class, according to the complaint.
The girl’s symptoms worsened, and she was allowed to sit out when she collapsed, the suit alleged.
The complaint also alleges that school officials were aware of the girl’s heart condition and on the day of her death, she was sent to school with a note asking that she be excused from the p.e. class because she was ill, the Sun-News reported.
The mother’s lawsuit also claims that medical attention was delayed because the school called the wrong parents to get consent for the girl to be taken to MountainView Regional Medical Center, where she died, the paper said.
School district spokeswoman Jo Galvan declined to comment because she said the district hadn’t been served yet with the lawsuit, the Sun-News said.
Wednesday, 07 November 2007 04:13
Family, community members and school alike are mourning the loss of 7-year-old Destinie Angel Martinez, who collapsed around 1 p.m. Monday during a physical education class at Dona Ana Elementary School, the Las Cruces Sun-News reported.
A nurse performed CPR at the school, and the child — who would have turned 8 next month — was taken to MountainView Regional Medical Center, where she died, the Sun-News said.
“She’s a little soldier,” her mother Candi Martinez told the Sun-News. “She had every obstacle in her life and overcame them all.”
Destinie was born with a heart defect and had undergone two surgeries, with another round of surgery expected to take place within the next six months, her mother told the paper.
“She was with me all the time,” the mother said. “Her smile and her crazy laugh, she was my only baby. Just her personality alone stood out with everybody.”
Funeral arrangements are being made through the Getz Funeral Home.
An account to help with expenses is being set up at Bank of the West, and donation boxes are being made available at Dona Ana Elementary School, Getz Funeral Home and local merchants, the Sun-News said.