Family files lawsuit after child hit by car in San Jose

SAN JOSE, California. – A young boy in San Jose was forced to return to school last week, but is still recovering from an accident in June that nearly cost him his life.

School is starting again, but for one little boy in San Jose, school looks a little different this year. Seven-year-old Bastian Michel (known as Bazzy) was attending a tutoring session at KUMON Learning on June 24 when the on-site staff lost sight of him.

Before staff realized Bastian was gone, he was hit by a car just a block away from KUMON. According to the police report obtained by KTVU, a neighbor, who happens to be a paramedic, heard the accident and ran to the scene.

Bazzy's heart stopped beating after the accident, but paramedics performed CPR within minutes and saved his life. His parents say the trauma of that day has stayed with them all.

“Every day I walk past the spot where the accident happened…not a day goes by that I don't think about it,” Bazzy's father, Fechnel Michel, told KTVU.

But his parents still wonder why he ended up outside alone and why no one at Kumon noticed his absence. The family plans to file a lawsuit in the next few weeks.

“Often as parents we tend to take these things for granted because we assume that these institutions and organizations will keep our children safe just like schools, hospitals or more established organizations. But unfortunately that is not the case,” Ashley Mompoint-Michel, Bastian's mother, told KTVU.

For the Michel family, this new school year is now about getting used to a new normal. Before the start of the school year, Bastian's medical team met with the administration of his new school to create a plan for Bastian's academic needs.

Bastian will have a personal assistant by his side throughout the school day. The Michel family has started a GoFundMe campaign to help pay for the assistant's salary and Bastian's medical care for the coming year.

“He has to take a lot of medication in the morning… He no longer has a spleen. That's something you can live with, but it requires a lot of medication,” Mompoint-Michel said.

Bazzy's parents say medicine is just one of the new changes in their lives. The family is also dealing with the trauma of nearly losing a loved one.

“What medicine does he need today? Are you in pain today? Does it hurt? What hurts? Tell me. In the back of my mind I'm thinking, 'Do I need to call the doctor?'” his father said.

After the accident, Bazzy's medical team believed he would never be able to walk again. But his favorite song, “Never Say Never” by Justin Bieber, was a shining example for him on his journey and a rallying cry for his family.

Now doctors say he could be walking by the end of the year, an important skill for a boy with lots of energy and a wild little brother to keep up with.

Bastian's room is filled with handwritten cards with Pokémon, hearts, and “get well soon” notes. The cards adorn the walls of his bedroom and remind him that he never had to fight this battle alone.

“He's a little stubborn, but he's very resilient and he insists every morning: 'I'm not going to sit in my wheelchair, you can push it next to me, but I'm going to hold your hand and go through the gate,'” Mompoint-Michel said.

We reached out to the San Jose Police Department, but no detective was available to comment on the current status of the investigation. Kumon did not respond to our request for comment.