Injured Student Archives - Pospis Law, PLLC

July 31, 2018 by mjpospis

Personal Injury Case Against School Survives Summary Judgment

The fact pattern of in the recent case of Deng v. Young, 2018 NY Slip Op 05414 (App. Div. 4th Dept. July 25, 2018) is any parent’s nightmare: Plaintiff’s son (hereafter, child) was a student at Webster Elementary School, improperly sued as Webster Elementary School District, which is located in the Syracuse City School District (collectively,…

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July 16, 2015 by mjpospis

Middle School Gym Obstacle Course Injury Case Dismissed

In Luis S. v. City of New York, 2015 NY Slip Op 06022 (1st Dept. July 9, 2015), the plaintiff broke his knee after attempting to clear a hurdle which was part of a middle gym class obstacle course. The Appellate Division, First Department reversed a denial of summary judgment to defendants and dismissed the action. The court…

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December 29, 2014 by mjpospis

Eighth Grade Student Hit By Car May Continue Lawsuit

From Mamadou S. v. Feliciano, decided December 23, 2014 by the Appellate Division, First Department: Plaintiff, at the time an eighth grade student, was injured when he darted or was pushed into the street and was hit by a car while playing tag in front of his school. Although the driver of the car was…

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December 18, 2013 by mjpospis

Gym Class Injury Case Survives Summary Judgment

In Anastasiya M. v New York City Bd. of Educ., decided December 4, 2013, the Appellate Division, Second Department reversed a summary judgment for defendant in a case arising from a gym-class injury. Plaintiffs sued “after the infant plaintiff allegedly was injured during a school gym class when she fell while walking backwards in an accelerated…

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