High School Wins Dismissal of Case By Student Injured in Eye During Gym Class Badminton Game

Case: Gibbons v. Pine Bush Central School District

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/18/2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney)

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School Not Liable for Sudden, Unexpected Injury of One Eighth Grade Student by Another

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Facts: Student injured when accidentally hit in the eye during high school gym class while playing badminton.

Plaintiff's attorney did the right thing – went out and spent some money to hire an expert witness (a sports expert) to support the case. Plaintiff's expert submitted an affidavit and gave an opinion that the school was negligent in not requiring eye protection during games of badminton.

The school applied to the lower court for summary judgment dismissing the case, which the court denied.

Held: No lack of supervision by the school because the injury happened suddenly and without warning; the shot was intended to strike the ground, not the student's eye.

The student's expert was not persuasive because there was no proven standard that using eye protection during such gym activity was a standard practice in high school.

Denial of summary judgment by lower court is reversed. Case dismissed.

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