A Chicago private school is asking a judge to dismiss a lawsuit from the family of a former student who died by suicide now seeking $100 million in damages for allegedly permitting the severe bullying they say caused their son’s death.
Robert and Rose Bronstein sued the Latin School of Chicago in connection with their son’s death Jan. 13, 2022. They accused the school of not intervening in extensive cyberbullying — text message and Snapchat threads — and said the school didn’t do enough to address the concerns they raised while their son was still alive.
The school responded to the complaint in a motion filed Oct. 6, asking Cook County Circuit Court Judge John Ehrlich to dismiss with prejudice three counts against the school: wrongful death, intentional infliction of emotional distress and common law breach of contract. Latin School’s legal team includes lawyers from Holland & Knight, of Chicago and Boston, and Stamos & Trucco, of Chicago.
“The Latin community is heartbroken for (the student) and his family,” the motion stated, “but their legal claims are without merit. The record confirms that the school responded diligently and compassionately to Mrs. Bronstein’s inquiries about her son’s acclimation and to (the student’s) only communication to Latin of any issue with a social media exchange initiated from his account.”
The Latin School of Chicago is a selective private school located in Chicago's Gold Coast neighborhood. The school boasts prominent alumni, led by former First Lady Nancy Reagan. The school is heavily populated by children from some of Chicago's most prominent families. For instance, the children of both of Illinois' most recent governors, millionaire Republican Bruce Rauner and billionaire Democrat JB Pritzker, have attended the school. And the school's board of trustees is filled with leaders and top executives from Chicago's spheres of industry, education, finance, nonprofits and government, among others.
According to the school, the child, a sophomore, met with a dean on Dec. 13, 2021, specifically regarding Snapchat, but the family’s complaint doesn’t allege he was dissatisfied with that meeting or any post-meeting conduct that would qualify as harassment. According to the school, the child’s junior varsity basketball teammates were upset with his post indicating they would lose to Francis W. Parker School, where he spent his freshman year. The Dec. 13 meeting covered posts from other students, including one minor named as a defendant, but the school said the complaint doesn’t include those messages or allege the boy raised concerns to his parents or school staff.
“The complaint’s 28 exhibits quote multiple emails exchanged with the school, but none show that Mrs. Bronstein ever reported (her son) was bullied or requested the school investigate any claim of bullying,” according to the school, which noted the son had already withdrawn from enrollment nearly a month before his death and was scheduled to re-enroll at Parker following winter break.
Although it said “grief is understandable,” the school argued such emotion “does not justify lashing out against minor children and dedicated educators with a complaint that is rife with unsupported conclusions, mischaracterizations, critical omissions, inaccuracies and is dominated by inflammatory rhetoric that has no relevance to the claims asserted.”
The school specifically argued state law doesn’t establish a legal duty to prevent suicide, since it “is not legally foreseeable.” It further said the Illinois School Code provides exemption from lawsuits alleging ordinary negligence and noted the Bronstein’s complaint doesn’t allege any willful or wanton conduct. The school also challenged the family’s ability to establish any legal elements necessary to bring their emotional distress claim and said the breach of contract claim is invalid because state law doesn’t treat school policies as enforceable contracts.
Latin attempted to bolster its position by emphasizing Rose Bronstein’s correspondence with its employees, in which she noted her son’s behavioral changes and acting out at home. One of the named defendants, a school counselor, called the home, recommended family counseling and noted the boy resisted school staff’s help with acclimation and would accept only a return to Parker. It also repeatedly referenced a lack of allegations about anything occurring after the Dec. 13 meeting and the student’s withdrawal from enrollment.
The Bronstein family is represented in the lawsuit by attorneys John Sullivan and Michael D. Weaver, of the firm of Punkett Cooney, of Chicago, and Todd F. Flood of Flood Law, of Detroit, Michigan. The family had been also been notably represented by attorney Peter J. Flowers, of the firm of Meyers & Flowers, of St. Charles. However, according to recent court docket entries, Flowers and his firm have been granted permission by the court to withdraw from representing the family in the case.
Jonathan Bilyk contributed to this report.