CHICAGO (CN) - A mother whose 7-year-old son was stabbed in the head over a game of basketball claims in court that his classmate's mother should have known better than to let her son walk around with a knife.
Ebony Ward sued Kristie Spivey, Oak Glen Elementary School, Lansing School District 158, and the Board of Education of Lansing in Cook County Court.
"On September 28, 2013, at about 5:15 p.m., JaMarkus Lofton, Eric Spivey and another minor/friend were playing outside near the address of 18368 Locust St., Village of Lansing, County of Cook, State of Illinois, where the minor/friend resides.
"On said date, Eric Spivey pulled out a knife from his person and was threatening JaMarkus Lofton with the knife," the lawsuit states.
"Eric Spivey made stabbing motions with the knife toward JaMarkus Lofton's head and without warning, Eric Spivey actually stabbed Lofton with the knife.
"The stab was with such a force that the knife became lodged in JaMarkus Lofton's head.
"Eric Spivey retreated from 18368 Locust St. residence leaving the knife in JaMarkus Lofton's head."
ABC News reported that Spivey stabbed Lofton over a game of basketball, and that the tip of the blade stopped just 1 millimeter from his brain. The 7-year-old spent five days in the hospital, and went home with a titanium plate in his head, according to the report.
JaMarkus's mother seeks to hold Eric's mother, Kristie Spivey, liable for her son's stabbing of JaMarkus, which she says gave JaMarkus permanent injuries.
"Kirstie Spivey, who resided at the same address as her son Eric had ample opportunity to observe and prevent her son Eric Spivey from carrying a knife outside the home and failed to do so," Ward claims.
Both boys attended Oak Glen Elementary school.
"Eric Spivey prior to September 28, 2013, brought a knife to school and teacher and administrative personnel of Oak Glen Elementary School were aware that defendant Eric Spivey brought a knife to school.
"The teachers and administrative personnel of Oak Glen Elementary School did not expel defendant Eric Spivey for brining a knife to school," nor did they contact the police, as the school's policies require, the complaint states.
"Eric Spivey continually was allowed to carry a weapon without challenge in the public, at school and the playground in the community resulting in the stabbing incident of September 28, 2013. Had defendant disciplined Eric Spivey for bringing a knife to school or reported the incident to the police, said incident not likely would have occurred," Ward claims.
She seeks damages for negligent parental supervision, assault, battery and willful and wanton conduct.
She is represented by John Bishof.