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6:45am — Mom Sues Las Cruces Schools

ALBUQUERQUE, N.M. — Seven-year-old girl with heart problems died after p.e. class last November.

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.


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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.