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School Related Injury Creates a Triable Issue of Fact

School Related Injury Creates a Triable Issue of Fact

School age children fight and horse around. From School Suspensions and School Suspension Hearings to injuries on the playground or students injured by the school employees, Long Island has its share of problems related to the over one-hundred school districts it harbors. This case is no different. What appears to be children playing and an injury resulting therefrom may be evidence of negligence.

The facts are as follows:

On November 26, 2012, the infant plaintiff was a ninth-grade student at the Brentwood Freshman Center. At the beginning of gym class, prior to attendance being taken, the infant plaintiff ran toward a fellow classmate, placed his hands on his shoulders, and jumped over him. The classmate asked the infant plaintiff to do it again, and the infant plaintiff jumped over the classmate again, without incident. The classmate then asked the infant plaintiff to jump over him once again, and when the infant plaintiff attempted to do so, "something popped" in his knee, which caused him to fall to the gym floor and allegedly sustain an injury. At the time of the incident, two teachers were nearby; however, neither saw the incident occur. The infant plaintiff stated that about four to five minutes elapsed between the first and third time he jumped over his classmate. A teacher, however, stated that class began at 1:11 p.m., and that the incident occurred at approximately 1:20 p.m.

Municipal entities, such as schools, have a host of exceptions when it comes to filing a lawsuit. School Districts, while under a duty to supervise students, cannot prevent every injury. The Court recites the law as it relates to School related injuries caused by the school's failure to supervise students:

"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49 [1994]; see Rodriguez v Riverhead Cent. School [*2]Dist., 85 AD3d 1147 [2011]). Contrary to the defendant's contention, it failed to establish, prima facie, that it adequately supervised the plaintiff or that, even if it had, the incident occurred in such a short span of time that it could not have been prevented by the most intense supervision (see Duffy v Long Beach City Sch. Dist., 134 AD3d 761, 764 [2015]; Weiner v Jericho Union Free School Dist., 89 AD3d 728, 730 [2011]; Luciano v Our Lady of Sorrows School, 79 AD3d 705, 705 [2010]).

Should you suffer an injury, whether it be your child in school or a work related injury, do not hesitate to contact the Law Offices of Cory H. Morris for a free case evaluation: 631-450-2515.

The case is Cruz-Martinez v Brentwood Union Free Sch. Dist., 2017 NY Slip Op 00626 [147 AD3d 722] (Appellate Division, Second Department, February 1, 2017).

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