Lawsuit Alleges Teacher Organized Sword Fight, Resulting in Severe Injury.
A lawsuit filed by Arnold and Judy Gachupin, guardians and grandparents of a student identified as N.S., alleges that a pair of New Mexico high school students dueled with swords in class, resulting in severe and permanent injuries to N.S. The incident occurred at Volcano Vista High School in Albuquerque on May 2, 2022, and names Albuquerque Public Schools, Assistant Principal Manuel Alzaga, and former chemistry teacher Loviata Mitchell as defendants.
According to the lawsuit, Mitchell brought katana- and rapier-style swords to school, arranged desks to form a ring in the classroom, and had pairs of students engage in sword fights. After the first pair completed their bout, Mitchell called N.S. and another student, D.M., to fight. During their duel, D.M. struck N.S. across her right forearm, wrist, and hand with the katana-style sword, causing a large and deep laceration.
The lawsuit alleges that Mitchell failed to provide proper supervision, did not immediately call for medical assistance, and instructed students to delete any videos of the fights. The school health assistant eventually called 911 about 30 minutes after the incident, and N.S. was taken to an emergency room.
N.S. has undergone surgeries, physical therapy, and mental health counseling as a result of the incident. Her lawyer stated that despite surgical repair, N.S.’s nerves and tendons remain damaged, causing ongoing daily pain and difficulty performing basic tasks.
Albuquerque Public Schools declined to comment on the lawsuit, citing pending litigation. Mitchell was fired in July 2022, but the reason for her dismissal was not disclosed.
The lawsuit seeks damages for N.S.’s injuries and alleges negligence, gross negligence, and intentional infliction of emotional distress.