Thursday, April 5, 2007

A lesson on winning the schoolyard battle but losing the courtroom war...

After having been injured in a schoolyard fight, a student sued the city and its board of education, alleging, among other things, negligent supervision. The student lost, in the courtroom at least, according to the Second Department in Legette v. City of New York, decided on March 27, 2007. Why? The student had been a willing participant in the fight and so, as a matter of law, the allegedly negligent supervision could not have been a proximate cause of his injuries. Put up your dukes to that!