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APS settles with Volcano Vista student maimed by sword in chemistry class
Former Volcano Vista High School teacher Loviata Mitchell, according to a lawsuit, looks on as students duel with swords she brought to school in May 2022. The two students pictured do not include the sophomore who was injured.
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Albuquerque Public Schools has agreed to pay more than $3 million after a student was injured in a sword-fighting incident at Volcano Vista High School in 2022.
The incident, which earned national attention, happened in a chemistry class after a teacher had students fight with swords.
According to the agreement, the district and the plaintiffs reached a settlement in June. APS agreed to pay $2.5 million directly to the plaintiffs and another $1 million to Pacific Life and Annuity Services.
The Journal obtained the settlement through an Inspection of Public Records Act request.
“We’re dismayed by this incident and are grateful to have resolved the case,” district spokesperson, Martin Salazar, wrote in a statement. “The teacher named in the lawsuit hasn’t worked for APS in more than three years.”
The plaintiffs in the case, Arnold and Judy Gachupin, the injured student’s grandparents, filed the lawsuit in February 2024 and alleged that the teacher and APS — defendants in the case — violated the sophomore’s constitutional rights, according to previous Journal reporting.
As part of the agreement, former chemistry teacher Loviata Mitchell, who brought the swords to class, is also barred from seeking a permanent teaching job. She was terminated by the district in July 2022, two months after the incident occurred.
The lawsuit did not list the name of the injured student, instead listing them as N.S., identifying them as a 16-year-old sophomore, but the settlement lists Nevaeh Salas as the payee.
The lawsuit also alleged that after the sword struck the student, Mitchell did not call 911 in a timely fashion and tried to call the school’s health office. When a health aide arrived at the classroom, they treated the injured student before calling 911.
Injuries sustained by the student include large gashes, as pictured in the lawsuit, on the student’s hand and wrist area. The suit alleges the plaintiff still suffers from physical and mental scars, according to previous Journal reporting.
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When it comes to how APS paid for the settlement, Salazar said, “While we’re self-insured, we have excess insurance for these types of situations. We worked with our carrier to resolve this claim.”
