NYC Gym Teacher Claims He Was Beaten Up By Powerhouse First Grader

NEW YORK (CBSNewYork) -- A Queens teacher is taking action against the city for injuries he said were caused by a first grader!

The former college football player said was he attacked by a 50-pound 6-year-old, but the child's mother told CBS 2's John Slattery a different story on Monday.

1010 WINS' Carol D'Auria reports

At 5-foot-10, 220 pounds, you'd think John Webster could handle himself. But this former Division III college football player said he met his match with a pint-sized student who broke his ankle and injured a knee.

"It's very humiliating and defaming, but at the same time, it's true," Webster said.

The 27-year-old gym teacher said it happened in April at P.S. 330 in Elmhurst, while he was escorting a first grader, Rodrigo Carpio, to the cafeteria.

"The student in question started jumping and spinning on the stairs," Webster said.

Webster said he told the child to stop, and when it continued, he grabbed his arms.

"He was very strong. He was using the heel of his feet to kick me in my leg," Webster said. "He spun around and belted me in the right knee and I heard a pop to my knee at that time."

Webster said he suffered a broken ankle and his right knee required surgery, injuries that have kept him out of work.

At the child's apartment house, his mother said the boy denied it.

"He said, 'No Mommy,'" Josefa Marcia da Silva said.

When Slattery asked little Rodrigo his account of the alleged events, he said, "I don't know. I don't remember."

Webster's attorney claims the school was aware that Carpio had attacked both students and another teacher in the past.

"They, perhaps, should have taken additional steps, like providing an alternative school rather than mainstreaming him," attorney Andrew Siben said.

A spokeswoman for the Department of Education said the office cannot comment on pending litigation.

The teacher said ordinarily he'd be surprised that a first grader would repeatedly kick a teacher, but he said based on this child's background in the school, it's no surprise.

Webster said his medical bills so far have climbed to more than $10,000, which he is submitting to the Department of Education, in hopes of getting reimbursed.

Do you believe the teacher's claim? Please offer your thoughts in the comments section below ...