School Denied Summary Judgment Dismissal of Claim of 6th Grader Injured While Wrestling During Gym Class

Case: Carter v. Uniondale School District

Date: September 13, 2013

Judge: Daniel Palmieri

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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Facts:

Plaintiff was in sixth grade gym class and fractured his arm while wrestling with another boy. He sued the school district and his school. He claims the school was negligent because it knew of the other boy had threatened aggressive behavior to the injured boy and did nothing.

Defendants made a motion for summary judgment to dismiss this lawsuit, claiming that the plaintiff stuck his hand out while falling and that the school did nothing wrong.

Held: Summary judgment denied. The school did not meet its burden of showing that it was not negligent in supervision and control of the boys while they wrestled. There are issues of fact as to whether the boy who injured plaintiff had shown violent tendencies towards him, given that they had a history of confrontations.