The Fredonia Central School District and the parent of one of its students are nearing a settlement stemming from a 2021 incident at Fredonia Middle School.

According to legal documents filed recently in state Supreme Court in Mayville, the settlement for $33,000 to be paid by Utica National Insurance, the school district’s insurance carrier, to fully settle the claim.

The family alleges an eighth-grade student was in the hallway of Fredonia Middle School in November 2021 when another student grabbed the student’s hair, pulled the student to the floor and punched her in the head.

“I have been told that this other student had a prior history of physical aggression while on school property,” the lawsuit filing states.

Legal documents state the student suffered a concussion, bruises and had a “significant” amount of hair ripped from the scalp while also dealing with pain and suffering, fear and anxiety. The student was treated at The Chautauqua Center as well as receiving counseling at Family Service of the Chautauqua Region. Medical bills of $780 were submitted to and covered by the family’s private health insurance policy.

The family consulted with attorney Mary Schiller of Fessenden, Laumer and DeAngelo in Jamestown. Ensuing negotiations arrived at the $33,000 settlement amount, of which $25,000 will go to the family and the rest paying legal fees. The family’s portion of the money will be placed into a joint savings account and can’t be spent until the child turns 18.

“Your deponent believes this offer is the maximum that will be obtained as a settlement against the respondent,” Schiller wrote in her deposition to the court. “Your deponent advised petitioner that in your deponent’s opinion it is a fair offer and should be accepted. Your deponent has also advised the petitioner that she has the right to proceed with a lawsuit against the respondent and pursue a recovery in excess of this offer, and the risks inherent therein. Petitioner has informed your deponent that she is willing to compromise the claim for the amount of $33,000.”