Hulking gym teacher launches 'absurd' lawsuit claiming he was left beaten and scared by this 50lb first grader dubbed 'the tiny terror'

John Webster says the six-year-old student had a history of violence, which the school overlooked
The 27-year-old PE teacher says the student kicked and bit him in an April scuffle
Webster, who has taught at P.S. 330 in Queens for two years, has not returned to work since the incident and is on medical leave
He plans to sue the New York City Department of Education for unspecified damages 'very soon,' his lawyer says

PUBLISHED: 11:13 EST, 1 October 2012 | UPDATED: 17:30 EST, 1 October 2012

A burly gym teacher is claiming a puny six-year-old student beat him up and caused him debilitating personal injury.

John Webster, a physical education teacher at P.S. 330 in Elmhurst, Queens, plans to sue New York City's Department of Education for failing to protect the 27-year-old against the pint-sized youngster - his lawyer dubbed 'a tiny terror.'

The teacher says a scuffle with Rodrigo Carpio, then 50 lbs, on April 26 has left him with an injured meniscus in his right knee and ligament damage to his right ankle.

Tough guy: Rodrigo Carpio, aged six, allegedly beat up his PE teacher John Webster (right), leaving the 27-year-old with debilitating injuries and unable to return to work

Webster has been unable to work since the incident and is out on medical leave.

His lawyer, Andrew Siben of Bay Shore, Long Island, told the MailOnline that the teacher is seeking compensation for his medical expenses in addition to damages, which Siben would not specify.

The teacher, who had taught at the Queens public school for two years, claims the school was aware of the 'student's propensity to be explosive ... when he acted like a tiny terror' but they failed to adequately intercede.

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Siben said his client has indicated the boy had an 'extensive history of being combative and had assaulted other students and teachers before him.'

The lawsuit, which is expected to be filed soon in Queens, revolved around an incident on April 26 - when Webster, a former football player at Morrisville State College, says cops had to be called to quell an outburst that broke out.

It started when he was chaperoning Carpio and a group of students to the school cafeteria and the boy began horsing around.

When the student wouldn't calm down, the teacher tried to restrain him but the boy fought back, biting and kicking his teacher, Webster claims.

According to a school incident report, the child also kicked and punched the principal and the school safety officer.

Officers from the New York Police Department were called but they did not take action, according to the New York Post.

Damages: John Webster is suing NYC's Department of Education for injuries he endured when a six-year-old student allegedly beat him up at P.S. 330 in Elmhurst, Queens (pictured)

'[Rodrigo] looks like an angel, but then, all of a sudden, that halo turns into horns. It’s been a nightmare. It’s embarrassing. It’s humiliating,' Webster told the Post.

The school urged the boy's parents, Jorge Carpio and Josefa Marcia da Silva, to seek medical care but they reportedly would not allow the child to be hospitalized.

The teacher's attorney said it appears the boy suffers from some sort of behavioral disorder and according to his parents, he is now taking medication to calm his behavior.

'The lawsuit is totally absurd. How could my little boy do so much damage? My poor son,' Carpio's protective father, Jorge, told the Post.

Queens teacher suing city claiming he was beaten up by a first-grader - m.NYPOST.com

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If the teacher tried to protect himself by touching this kid, then he would have probably been placed on some kind of adminstrative leave until a thorough investigation was completed. During this time, the kid's parents would most likely file a criminal complaint against the teacher and hired an attorney. I am a former elementary school teacher, and believe me, your hands are tied.

- Kim , Arizona, 02/10/2012 02:22

Click to rate Rating 191

Of course, the liberals have made it so teachers can't do anything without loosing their jobs, or going to jail!!! Kids are getting away with murder... kids run the class! Schools in America... no GOD, no discipline and every class is taught in two languages. Sue them for every dime they have!!!!

- VERYHIP2U , Texas, United States, 02/10/2012 02:16

Click to rate Rating 78

I believe him .

- lilkadi2000 , Nottinghamshire, 02/10/2012 01:30

Click to rate Rating 140

Has tihs guy gone no honor. sad lol

- jakaris , wirral, 02/10/2012 01:16

Click to rate Rating 116

I'm on the teacher's side. He was in a difficult situation with an out of control kid. He needed sport from superiors and got none. He is doing the right thing. Hope he heals up soon!

- Sarah888 , Medford, USA, 02/10/2012 01:02

Click to rate Rating 131

he may be big, but if he was kicked in the knee.. it could do damage.

- Lucy , Dallas-TX, 02/10/2012 00:50

Click to rate Rating 133

Are you kidding? Lol

- 2012Melly14398 , Boston, US, 02/10/2012 00:49

Click to rate Rating 105

This is what our public schools have wrought. Little hellions become big hellions. When kids have no righteous fear or respect for adults, you have an out of control brat. Having damaged my meniscus just from stepping wrong in the garden, I can understand the teacher's injury. And yes, if the teacher had defended himself, HE would have been the bully and fired.

- floridabeach , down by the sea, 02/10/2012 00:29

Click to rate Rating 159

Unfair to put out a headline like that just because the teacher is a big man. A fifty pound boy, especially one who has had his share of fighting experience could have actually caused a knee injury. Even if the man had been restraining the arms, kicking feet could cause injury to a joint. An orthopedic surgeon will be able to discern whether damage was done. Good male role models, especially as teachers for young boys, are worth their weight in gold and this man should not have been ridiculed in the press.

- Dacy , Kansas City USA, 02/10/2012 00:24

Click to rate Rating 145

wimp

- Chris Robinson , Limerick, Ireland, 01/10/2012 23:53

Click to rate Rating 115

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