Family to file lawsuit after child struck by car in San Jose

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2025-11-09
Family to file lawsuit after child struck by car in San Jose

Tragedy Strikes: Young Boy's Harrowing Ordeal Sparks Safety Concerns

In a heartbreaking incident that has left a San Jose community reeling, a young boy's life was nearly lost when he was struck by a car just a block away from the learning center where he was attending a tutoring session. This tragic event has not only shattered the Michel family but has also raised urgent questions about the safety protocols and oversight at such facilities.

A Shocking Incident That Has Shaken a Family

The Fateful Day: A Lapse in Supervision

On June 24th, seven-year-old Bastian Michel, affectionately known as "Bazzy," was attending a tutoring session at the KUMON learning center in San Jose. Tragically, the staff at the center lost track of Bazzy, and before they realized he was gone, the unthinkable had happened – the young boy had been struck by a car just a block away from the facility.According to the police report obtained by KTVU, a neighbor who happened to be a paramedic heard the crash and immediately rushed to the scene. Bazzy's heart had stopped beating after the impact, but the quick-thinking paramedic was able to perform CPR, saving the child's life. This harrowing incident has left an indelible mark on the Michel family, with Bazzy's father, Fechnel Michel, admitting that he can't help but think about the accident every single day.

Unanswered Questions and a Looming Lawsuit

The Michel family is now grappling with the trauma of this near-tragedy, and they are determined to seek answers and accountability. They are planning to file a lawsuit in the coming weeks, questioning why Bazzy was allowed to wander away from the KUMON facility unnoticed and how such a lapse in supervision could have occurred.Bazzy's mother, Ashley Mompoint-Michel, eloquently articulates the family's concerns, stating, "A lot of times, as parents, we tend to take these things for granted because we assume that these facilities and organizations are keeping our children safe the same way that schools are designed or a hospital or a more established organization, but unfortunately that is not true."

Navigating the New Normal: Bastian's Ongoing Recovery

As Bazzy begins a new school year, his journey has taken a profound and challenging turn. The young boy's medical team has met with the administration of his new school to ensure that a comprehensive plan is in place to address his evolving needs. Bazzy will now have a personal aide by his side throughout the entire school day, a necessary accommodation to support his recovery and well-being.The Michel family has established a GoFundMe campaign to help cover the costs of Bazzy's aide and his ongoing medical expenses. Mompoint-Michel details the family's daily routine, which now includes a multitude of medications and a constant vigilance to monitor Bazzy's health. "In the mornings, we have a lot of meds that he has to take...He doesn't have a spleen anymore. It is something you can live with, but it requires a lot of medication," she shared.

A Resilient Spirit and a Guiding Light

Despite the challenges, Bazzy's unwavering spirit and determination have been a source of inspiration for his family. His favorite song, "Never Say Never" by Justin Bieber, has become a rallying cry, fueling his journey towards recovery. Doctors who initially believed Bazzy would struggle to walk again now express optimism that he could be running by the end of the year, a testament to his resilience and the support of his loved ones.Bazzy's room is adorned with heartfelt cards and well-wishes from family and friends, a testament to the outpouring of love and support that has surrounded him. His mother recounts Bazzy's resolute stance, "He insists every morning, 'I am not going to sit in my wheelchair, you can push it next to me, but I will hold your hand and I will walk through the gates.'"The road ahead for the Michel family is undoubtedly filled with uncertainty and the need to navigate the trauma that has forever altered their lives. However, their unwavering determination to seek justice and ensure the safety of other children in similar situations is a testament to their resilience and their commitment to creating a more secure and accountable system for all families.

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