Teacher Suffers Miscarriage Breaking Up Classroom Brawl

www.nbcnewyork.com/ ^ | Fri, Dec 10, 2010 | KATIE HONAN

[B4Ranch]

Students at Bronx high school pushed her to the ground

A Bronx teacher suffered a miscarriage after breaking up a fight between two students over a chair, school officials said Thursday.

Lissedia Batista, 27, was elbowed in the stomach, pushed, and fell to the floor as she tried to get in the middle of a fight between two students.

Batista was four months pregnant and was taken by ambulance to North Centeral Bronx Hospital, where she miscarried her baby.

The two students involved in the fight have been suspended.

[al baby]

Sorry but that’s just creepy and does not belong on this thread IMHO

[Theo]

Manslaughter. The guilty party will spend time in prison.

[davisfh]

I doubt that a charge of murder would stick. Not that it shouldn’t, you understand. As we are all aware of by now, we have arrived at a point in time in this country where the aborting of an unborn child, whether by design, accident or assault, is not considered to be a big deal.

[MeanWestTexan]

“Perhaps because it was not murder?”

In most states, killing a baby in the womb (outside of a voluntary abortion) is murder.

[B4Ranch]

Care to explain the “eggshell skull” legal doctrine at little, please. My wife was saying because it is still legally considered a fetus even though we consider it to be a baby.

[Doomonyou]

If Teachers could carry, she could have broken it up with a .45.

[KosmicKitty]

Negligent manslaughter would be the appropriate charge. No premeditation, but the act caused a death.

[The Comedian]

Sorry but that’s just creepy and does not belong on this thread IMHO

It does if you know the context of the image.

Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

[Ramius]

“The Bride” ??

[al baby]

The eggshell skull rule is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. There is no allowance for an already weakened state of the injured party. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not.

The rule is applied in tort and criminal cases involving a plaintiff in a vulnerable, weakened state or suffering from a medical condition. A rebuttal to the eggshell skull rule is the crumbling skull rule. This rule argues that the harm suffered by the victim was inevitable and the defendant’s acts only had a minimal effect upon the already deteriorating circumstances.

[jwalsh07]

New York: Under New York statutory law, the killing of an "unborn child" after twenty-four weeks of pregnancy is homicide. N.Y. Pen. Law § 125.00 (McKinney 1998). But under a separate statutory provision, a "person" that is the victim of a homicide is statutorily defined as a "human being who has been born and is alive." N.Y. Pen. Law § 125.05 (McKinney 1998). See People v. Joseph, 130 Misc. 2d 377, 496 N.Y.S.2d 328 (County Court 1985); In re Gloria C., 124 Misc.2d 313, 476 N.Y.S.2d 991 (N.Y. Fam. Ct. 1984); People v. Vercelletto, 514 N.Y.S.2d 177 (Co. Ct. 1987).

[Silentgypsy]

Perhaps she should be charged w/participatory negligence and we should recommend that she should receive no pension.

[kabumpo]

Sounds like an idiot who didnt care about the of her child.

[al baby]

Could you help a fellow freeper out ?

[kabumpo]

Just one of many reasons why pregnant women shouldnt be in the workplace.

[Ramius]

It looks like it is cover art or poster art for the story “The Bride”... which was the basis for Kill Bill.

In context, not inappropriate at all.

[SpaceBar]

Eggshell skull doctrine

[Jean S]

I assume you’re joking.

[Lauren BaRecall]

One of the students elbowed her in the stomach. Did he know she was pregnant? Baring the existence of a specific law which would apply, intentionality counts. If he viciously wanted to do the baby harm, that's 2nd degree murder.

Lawyers out there, correct me if I'm wrong.

[B4Ranch]

That’s a meal that is best served cold.