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DEFENDANT’S Negligent Supervision – Playground injury – Plaintiff alleges poor supervision resulted in son’s left leg fracture.

Suffolk County, NY

In this action for negligent supervision, the plaintiff alleged that he would not have broken his leg had the defendant school district provided proper supervision. The defense denied the allegations and argued that the plaintiff’s injuries could not have been prevented.

While playing on a fireman pole during recess, the infant plaintiff fell and suffered a spiral fracture to his left tibia which required a cast, but did not require surgery. As a result, the plaintiff sued the defendant school district. The plaintiff’s only contention was that supervision by adult school staff was grossly deficient. Therefore, the plaintiff argued that had appropriate supervision been present, the accident could have been prevented. The plaintiff’s sought $________ in damages.

The defense denied the allegations and argued that the plaintiff’s accident was a sudden and spontaneous occurrence that no amount of supervision could have prevented. Prior to trial, the defense filed a motion to dismiss the plaintiff’s claim which was denied both initially by the Suffolk County Supreme Court and then again, on appeal, by the New York State Appellate Division, Second Department.Thus, after a two day trial, the jury found in favor of the defense, agreeing that the accident at issue was sudden and spontaneous.

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