Family files lawsuit after boy injured in schoolyard game in Brooklyn

BROWNSVILLE, Brooklyn (WABC) -- The family of a 6-year-old boy injured during a schoolyard game is suing.

The mother says her son was kicked repeatedly in his groin at PS 178 in Brooklyn, and says the school isn't doing enough to protect children.

The mother says the boy was tormented by the cruel game both inside and outside the school. She says her son is still passing blood through his urine and school administrators knew the severity of this situation but did little to stop it.

"Anytime someone is hurting you or they try to do something to you, you have to tell mom," said Sharene Savoy as she tightly embraced her son Timir.

She gets emotional when she describes how he was recently targeted by bullies at PS 178 through a ruthless game.

"I was horrified," she said. "I've never heard of this game and if they were aware of it why wasn't it stopped?"

Savoy says the popular game among first graders calls for a student to be kicked and punched in their private area, and school administrators allegedly knew kids were playing it. When Timir complained of pain while urinating in early May, Savoy confronted school officials.

"There was a teacher that had entered and she says oh they're playing, the kids play that here all the time."

She says she made several complaints to the principal and assistant principal as the bullying continued and Timir suffered. On Wednesday, joined by her attorney Sanford Rubenstein, a $5.5 million lawsuit was filed against the Department of Education.

"The principal and assistant principal had notice of what was going on, they knew this was going on in the school, they knew that this child was suffering," said Rubenstein.

In response to the accusations an Education Department spokeswoman released the following statement: "This troubling incident was immediately and appropriately addressed by the school. Disciplinary action was swiftly taken, and the students have been provided with counseling support."

Savoy and Rubenstein now hope to make their case before a jury. In the meantime Timir is still receiving treatment for his injuries.

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