ASTHMA INCIDENT PROMPTS LAWSUIT.

Byline: Karen Maeshiro Daily News Staff Writer

A Linda Verde School student is suing the Lancaster School District, claiming he was not allowed to see the school nurse or contact his mother when he suffered a severe asthma attack.

Antonio Salas, who was a 10-year-old fourth-grader at the time of the April 1998 incident, spent several days in the hospital where he was visited by the school principal when the boy's mother was not there, his attorney said.

``The teacher failed his job. He took no action to help this kid who was having a severe asthma attack right in front of his eyes,'' attorney Marc Herbert said.

The lawsuit, filed March 16 in Lancaster Superior Court, names as defendants the district, Linda Verde Principal Raul Maldonado and teacher David Nishimoto, and is seeking unspecified monetary damages.

Superintendent Steve Gocke declined to comment. Maldonado and Nishimoto could not be reached for comment. A claim filed with the district was denied Nov. 5, 1998, the lawsuit said.

According to the suit, after Antonio began experiencing a severe asthma attack inside Nishimoto's classroom, he requested permission to contact his mother, records show.

Nishimoto denied that permission and refused to allow Antonio to visit the school nurse. ``These actions directly contradicted the notes from minor's mother, placed on minor's emergency card at Linda Verde Elementary School, regarding minor's asthma condition,'' the lawsuit said.

Herbert said the attack occurred about one hour before the end of the school day. Once home, the boy underwent breathing treatments and then went to Antelope Valley Hospital where he was given oxygen, Herbert said.

``His mother tried to treat him at home for several hours and then he got progressively worse,'' Herbert said. ``He was first taken to the emergency room, then admitted.''

The lawsuit said Maldonado visited Antonio in his hospital room.

``Although minor plaintiff was undergoing medical treatment and his mother . . . was not present, said defendants began interrogating minor plaintiff regarding the subject incident and his medical condition,'' the lawsuit claims.