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Pre-school negligence - Alleged use of age-inappropriate bicycle toy on cement playground - Four-year-old infant plaintiff falls and suffers jaw fracture - Liability only.

Rockland County

The plaintiff contended that the defendant pre-school negligently permitted the children to ride on small plastic two- wheel bicycle, which the plaintiff maintained was inappropriate, and negligently permitted the children to ride the toy on the concrete portion of the playground. The infant plaintiff’s mother also contended that she had voiced complaints to the defendant regarding the activity in the past. The defendant denied that this testimony was accurate.

The defendant also maintained that the activity was appropriate. The defendant argued that the jury should consider that children play and run on concrete in the normal course of growing up and that such a fall could well occur in the absence of negligence.

The jury found that the defendant was not negligent.

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