$10 MILLION CLAIM FILED; PALMDALE DISTRICT FACES WRONGFUL DEATH SUIT.

Byline: Karen Maeshiro Staff Writer

PALMDALE - The mother of the 13-year-old Juniper Intermediate School student killed in a fistfight with a classmate in November filed a $10 million wrongful death claim against the Palmdale School District.

The claim contends the death of Stephan Corson was a ``totally avoidable tragedy,'' and school staff was negligent in allowing the fight to take place. The Corson family's attorney said the fight was triggered by a racial epithet cast by the other 14-year-old boy against the teen.

``The students and teacher knew there were was going to be a fight, and nothing was done to stop it from taking place,'' said the Corson family's attorney Melanie Lomax. ``Once the altercation began, and both boys were restrained, (the other boy) was released by one teacher, and then he struck my client's son in the head, which was the mortal blow.''

Lomax said the district has 180 days to accept or reject the claim filed on behalf of boy's mother, Mary Corson. A rejection would clear the way for a civil lawsuit to be filed.

Superintendent Nancy Smith said she had not seen the claim and declined to comment.

The two boys began fighting just after class let out at about 1:55 p.m. Nov. 19. According to reports from coroner's officials and witnesses, Corson was struck in the side of the face and fell, hitting his chin on the pavement.

A cause of death has not been determined, and sheriff's investigators are awaiting the final autopsy report.

The other boy, whose father is a teacher in the district, was suspended after the fight. District officials said the board of trustees took disciplinary action against the boy but declined to say what it was, citing student confidentiality.

The 14-year-old boy was not sent back to Juniper or another regular district school, officials said.

The board has dealt with 14 student discipline cases at three board meetings since the Nov. 19 incident. In all cases, students were ordered sent to a district alternative school, called the Oak Tree Learning Center, or a Los Angeles County community school.

The Oak Tree Learning Center houses students whose expulsions have been suspended, who are on independent home study or who are not doing well on a regular comprehensive campus. County community schools teach teen-agers released from county probation camps or headed for camps.

State law forbids school districts from expelling students from a school without providing them some form of education.

Witnesses told investigators that Corson was the aggressor in the incident, starting an argument in class and throwing the first punch after class let out, sheriff's detectives said.

Detectives said that during class, a couple of students were throwing spitballs, including the 14-year-old boy. The teacher caught the boy and ordered him to pick up the sodden paper.

According to some witnesses, when the boy passed Corson's desk, Corson tossed some pieces of paper onto the floor and told the other boy to ``clean that up, too,'' detectives said.

The 14-year-old boy didn't pick up the paper and told Corson to pick it up himself, detectives said.

A private investigator, however, hired by Lomax interviewed students who said the other boy called Corson a ``n-----,'' the attorney said.

``That's what led to the fight in the first place,'' Lomax said. ``The investigator interviewed a number of students who were there who reported that racial remarks were made to Stephan in the classroom which caused him to want to fight.''

Lomax also said the claim was filed because the district has not provided information to the boy's mother about how her son died.

The district refused to allow the mother to participate in the disciplinary proceedings against the other student, saying her statements would be irrelevant and that it was a private matter, Lomax said.

``For over 60 days, she's requested repeatedly to be told by the Palmdale School District exactly what led to the death of her son. They have met her with repeated silence,'' Lomax said. ``The claim is the result of their total silence. Any parent has a right to know why their child has died, especially when they are 13 years old. This will force them in a court of law to explain how he died.''

District officials said they could not release information because of the ongoing sheriff's investigation and the student's right to privacy and confidentiality.

Lomax countered by saying the rights of Stephan and his family must be considered.

``What about his life, his rights? What about the right for his mother to know if the student who killed him has been punished? Let's talk about the life and death of Stephan Corson,'' Lomax said.

Corson, described as a talented athlete who liked to help others, had attended Juniper for about three weeks, moving to Palmdale from the Winnetka area of the San Fernando Valley, where he attended Hale Junior High School.

The claim alleges that the school staff and teachers permitted a ``dangerous, violent and chaotic atmosphere to exist during a seventh-period class and did not maintain proper classroom control, which resulted in a free-for-all,'' according a statement released by Lomax's office.

``Immediately after class, an altercation occurred, and the teachers on the scene failed to intervene promptly and permitted (the other boy) to strike Stephan in the head, thereby delivering the mortal blow,'' the statement said.