By Cristian Santana and David K. Li -
NBC News
Two New Mexico high school students dueled with swords in a class at the behest of their teacher, resulting in a teenage girl being seriously injured, the student's family claimed in a lawsuit.
The civil action was filed by Arnold and Judy Gachupin, guardians and grandparents of a student – only identified as NS – who allegedly suffered tendon and nerve cuts due to the sword fight on May 2, 2022 at Volcano Vista High School. , from Albuquerque.
The lawsuit names Albuquerque Public Schools, Assistant Principal Manuel Alzaga and former Chemistry teacher Loviata Mitchell as defendants.
Volcano Vista High School, in Albuquerque, NMAlbuquerque Public Schools
Mitchell allegedly brought katana-style and rapier swords to school that day, had students rearrange their desks to form a ring in the middle of the class, and had pairs of students face off, according to the lawsuit.
After the first pair of dueling science students completed their two-minute match, NS and his partner DM were supposedly called by Mitchell to fight.
"DM hit NS on the right forearm, wrist and hand with the
katana-style
sword ," according to the plaintiff's attorney, Jessica Hernández.
"NS suffered a large, deep laceration across his right hand and wrist that is inconsistent with a 'prop' sword."
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As soon as it became apparent that 16-year-old NS was badly injured, Mitchell allegedly yelled, "I'm in trouble!"
and she ordered the students to delete any video they had recorded of the fights.
According to the lawsuit, the teacher did not immediately call 911 and took 20 minutes to notify the girl's grandfather, who is her guardian.
A school health aide finally called 911 about 30 minutes after the injury and Albuquerque Fire Department EMS took the girl to an emergency room, Hernandez wrote.
The civil lawsuit, filed last week in Second Judicial District Court, included graphic photographs of the girl's deep, bloody wounds.
A school report on the incident, allegedly written by Vice Principal Alzaga, described it as
"a class on metal welding"
when "the student accidentally cut the other student with the metal," the lawsuit claimed.
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"In response to the report's question: 'Did the injury violate school rules? Mr. Alzaga checked a box indicating No,'" the lawsuit added.
Apparently, the girl has had to undergo several operations, physical therapy and mental health counseling, as a result of the sword fight in class.
Basic tasks such as pressing buttons, closing zippers and cooking are now daily challenges for the minor, her lawyer said.
"Despite surgical repair of NS's nerves and tendons, it was not possible to completely mend them and they remain damaged," according to Hernandez.
"As a result, her wrist and her hand are
permanently injured
. These injuries cause her permanent daily pain, as well as making her unable to perform many basic daily tasks."
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A spokeswoman for Albuquerque Public Schools declined to comment Wednesday on behalf of the district and the assistant principal.
She added that they are prohibited from making statements about pending litigation.
Mitchell was fired in July 2022, the school representative said, but declined to reveal the reason for her departure.
Two of Mitchell's publicly listed phone numbers were disconnected Wednesday.
She did not immediately respond to emails seeking comment.