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

By Leslie Larson

Published: 12:13 EST, 1 October 2012 | Updated: 06:07 EST, 2 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.




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.



Hulking gym teacher claims he was beat up by 50lb first grader
