NEW YORK, April 6 (UPI) -- A New York teacher's aide is suing an 11-year-old boy, claiming he knocked her down and injured her back while running for ice cream.

Rosanna Tomack, 62, is suing Joseph Cicack in a New York Supreme Court after an incident that took place in 2006, when the boy was 8 years old, the New York Post reported Monday.


Edmond Chakmakian, Tomack's lawyer, said his client required spinal fusion surgery and has been unable to return to work since Cicack ran into her and knocked her down at the city's Public School 94.

"It's a legitimate case," Chakmakian told the Post. "It's not silly."

The lawyer said his client is seeking damages from the insurance policy covering the boy's parents' home.