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.
At 5'10" and 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, 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.
You May Also Like...
Bikini Photos: 2012 Hooters International Swimsuit Pageant
Photos: Florida politican's underwear pics circulate online
¡Ay Dios Mio! Man sees face of Jesus in breakfast taco
Clothing Optional: Nudist convention comes to Tampa Bay
PHOTOS: George Zimmerman/Trayvon Martin crime scene pics
Prized Endorsement? Porn star Jenna James backs Romney
South Beach Cannibal: Homeless man's face chewed off
Cheerleader sex: Former Ben-Gal pleads not guilty to sex with teen
Bad girls: Teen girls arrested in slaying death of cabbie
Bikinis, mud, trucks: The Redneck Yacht Club
Photos: Ex-Charlie Sheen Goddess Bree Olson
Naughty Schoolgirls: Naughty schoolgirl night at Tampa club pictures
Sting: 31 pimps and prostitutes arrested (with pics)
Outrageous mug shot galleries...
Strange: Some of the most unusual mug shots we've seen
Notorious Women: Bad girls behind bars
Teachers: Teacher arrest mugshots
Jaw droppers: Open mouth mug shots
Smilers: Happy mug shots
Laughers: What's so funny mug shots
Prostitutes: Prostitute mug shots
Athletes: Professional athlete mug shots
Porn arrests: Child porn arrest mug shots
Local Mugs: Hillsborough County Mug shots
More unusual mug shots and galleries: 10 News slideshows and galleries