Thursday, July 23, 2015

Summary judgment in an action alleging a school's negligent supervision.

Practice point:  The Appellate Division affirmed the denial of defendant's motion to dismiss this action in which infant plaintiff allegedly sustained injuries in his former school when a fellow student allegedly assaulted him on multiple occasions, and, when inside a classroom, a group of students repeatedly kicked him.  Defendant moved for summary judgment dismissing the complaint insofar as asserted against it, arguing that it did not have notice of prior similar conduct by the offending students.
The Appellate Division found that, in support of the motion, defendant ailed to establish, prima facie, that it acked sufficiently specific knowledge or notice of the dangerous conduct that allegedly caused the infant plaintiff's injuries. The moving papers failed to eliminate all triable issues of fact as to whether they had knowledge of a particular student's dangerous propensities arising from his involvement in other altercations with infant plaintiff. The moving papers also failed to eliminate all triable issues of fact as to whether a teacher failed to take the requisite energetic steps to intervene to prevent the infant plaintiff's injuries at the hands of a group of his classmates.

Student note:  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.

Case:  Amandola v Roman Catholic Diocese of Rockville Ctr., NY Slip Op 06099 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Default not entered within one year.