There will be some limits to what a Jamestown woman will receive from the Jamestown Public Schools district as she decides whether or not to file a civil lawsuit against the school district.

State Supreme Court Judge Grace Hanlon ruled last week that all surveillance video of the gym class on Nov. 2, 2023, capturing the student and for a period of time following the student after her gym class will need to be turned over to Lindsey Bloomberg’s lawyer. The district also has to give Bloomberg’s lawyer a list of the students who participated in or were present during the alleged trust fall exercise and provide the names of any faculty or staff members present, in addition to gym teacher Scott Shawley, or confirm there were no other faculty of staff present. Also, the district has to provide copies of any witness statements obtained after the district was notified there was an injury, and an accounting of all other materials or documents that exist in any investigative file maintained by the school district beyond video footage and witness statements.

“Within 30 days of petitioner’s counsel’s receipt of the above-referenced accounting, petitioner’s council shall identify what, if any, additional materials petitioner deems necessary subject to the school district’s objections,” Hanlon ruled. “If the parties are unable to reach a resolution regarding petitioner’s entitlement to disclosure of any additional materials requested, the parties shall contact the court for a further conference on this matter.”

A lawsuit hasn’t been filed yet, though Bloomberg has filed a notice of claim with the school district. In her petition, Bloomberg claims her daughter was injured Nov. 2 “when she was caused to be struck in the head by another falling student.” As a result of the accident, Bloomberg said her daughter suffered “severe, permanent, and painful injuries, internal as well as external, and certain economic damages past, present, and future, including traumatic brain injury and brain surgery.”

“However, upon information and belief, there was not any indication during the subject physical education class or at any point during the Nov. 2, 2023, school day that (the student) suffered any injury,” Dr. Kevin Whitaker, Jamestown Public Schools superintendent, said in an affidavit filed in January. “If it was apparent that (the student) had suffered an injury, at a minimum her parent/guardian would have been notified promptly, and if appropriate based on the severity of the injury, an ambulance summoned. Neither occurred on the date in question because (the student) made no complaint of an injury on the date in question and an injury was not otherwise apparent.”

Bloomberg had been asking for preliminary disclosure for any evidence the school district controls, including video footage or still images, taped or digital, of the interior or exterior of the school, preservation or hard drives, memory cards or other data storage devices, preservation and production of accident reports, witness identities, contact information and statements, investigative files, internal communications regarding the Nov. 2 incident or into other incidents involving students who may have been injured in “trust fall” activities at Jamestown High School on or around Nov. 2 and preservation of all Board of Education meeting minutes, notes, memoranda, communications – including executive session minutes – for meetings in which the incident involving Bloomberg’s daughter was discussed as well as records regarding the teacher allegedly involved.

‘Dr. Whitaker makes clear that district’s policies would have required medical attention if (the student) was injured in a gym class,” Bloomberg’s attorney, Carey Beyer, wrote in an affirmation in late January. “Moreover, the district’s policies would have required other teachers and/or staff to recognize (the student’s) injury and intervene after the fact. However, no such intervention took place. The petitioner needs to obtain the requested discovery to know which individuals violated these policies, beyond, potentially, Scott Shawley. This includes the surveillance footage from the school on the day of the incident, the district’s investigative file and the roster of faculty and staff on site that day. Moreover if a student was responsible for (the student’s) injuries, that student may have liability as well. As such, the list of students present at the time of the incident is necessary to frame a complaint as well.”