Former student suing for loss of lifetime earnings after injury at Brighton Secondary College

A former Brighton Secondary College student is suing the state for loss of lifetime earnings after he injured his teeth and jaw during a “trust” exercise.

Mr Damiani’s lawyers argue a teacher at Brighton Secondary College failed to properly supervise him.

A former high school student from Melbourne’s southeast is suing the state for loss of lifetime earnings after he was badly injured during a “trust” exercise when he was 12.

Former Brighton Secondary College student Max Damiani, now 19, was in year seven when he took part in a peer support activity which involved him being led around by another student with his eyes closed.

When his eyes were covered, he fell and bruised his face and damaged six teeth, his gums and his jaw.

He also suffered a head injury that caused him to lose consciousness in the 2017 fall.

This led to him suffering post-traumatic migraine and vertigo, delayed post-traumatic stress disorder, a chronic major depressive disorder and pain, shock and anxiety, according to his statement of claim filed in the Supreme Court.

Mr Damiani’s lawyers argue a teacher at the school failed to properly supervise him and should not have required him to “move about with his eyes closed and without the benefit of sight”.

He is claiming the cost of extensive dental and medical treatment including a lifetime of specialist care from neurologists, psychologists and dental surgeons.

Former Brighton Secondary College students, L to R: Liam Arnold-Levi, Matt Kaplan and Joel Kaplan. Picture: David Crosling

He is also claiming ongoing living and care expenses at his parents’ home.

Mr Damiani’s lawyers say he “remains reliant on his parents for housing, food, transport, clothing and care” and intends to claim an allowance for the cost of past and future attendant care.

“As a result of the effects of the injuries sustained the plaintiff’s secondary school education was adversely affected. The plaintiff was unable to complete his secondary schooling beyond year 11 and was unable to proceed to tertiary education,” the statement of claim says.

“As a result of the effects of the injuries sustained the plaintiff was unable and continues to be unable to be reliably and gainfully employed in unskilled jobs particularly those requiring in person attendance,” it says.

As a result, he is claiming compensation for loss of earnings, earning capacity and superannuation.

He is alternatively claiming loss of earnings and superannuation as a tertiary graduate and future time off work to attend treatment from dental experts.

The claim includes a claim for future loss of earnings due to cosmetic deterioration for dental injuries.

Mr Damiani is represented by Jane Healey from Healey Solicitors in Frankston.

Brighton Secondary College has been marred by several scandals in recent years.

A Federal Court judge last year found five former Jewish students were subjected to anti-Semitic bullying and received compensation payouts of about $435,000.

Former students — brothers Joel and Matt Kaplan, Liam Arnold-Levy, Guy Cohen and Zack Snelling — sued the Victorian government, Richard Minack and two teachers over claims of systemic racial bullying between 2013 to 2020.

Premier Jacinta Allan and the Department of Education sent letters of apology to the students who experienced anti-Semitic bullying.

The Department of Education’s deputy secretary Dr David Howes also issued a public apology to the students at the Caulfield Hebrew Congregation in November, saying he was “deeply sorry”.

“Every Victorian student should feel safe and respected at school and I acknowledge they (students) did not,” he said.

Last year, year 12 students came dressed as Arabs as part of a muck-up day prank.

Pupils involved in the prank faced disciplinary action.

A Department of Education spokesman said: “Schools make every effort to ensure student and staff safety during all activities that take place as part of teaching and learning programs.”