LAS CRUCES — The mother of a 7-year-old girl who died after collapsing during physical education class has sued Las Cruces Public Schools.
Candi Martinez's wrongful death suit in state court in Las Cruces seeks unspecified damages in the Nov. 5, 2007 death of Destinie Martinez.
The lawsuit alleges the school allowed an ill child to participate in physical activity and was negligent in efforts to provide emergency medical attention.
Destinie suffered from heart disease.
The lawsuit says Dona Ana Elementary was aware of her condition.
It alleges a note the day of her death asked that she be excused from physical education because she felt ill. It alleges she began vomiting, but was allowed to continue the class and did not sit out until her symptoms worsened.
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