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Negligent supervision – Plaintiff claims injury from organized game of tackle football at defendant school's annual field day – Left foot fracture requiring open reduction and internal fixation with hardware and subsequent hardware removal.

Queens County, NY

In this negligent supervision action, the plaintiff, an eighth grade student, alleged that defendant teachers set up a tackle football game wherein the plaintiff was injured. The defendant denied that there was any sanctioned contact sport under their supervision and that it was undetermined how the plaintiff was injured.

The plaintiff claimed that the defendants either organized or allowed students to play tackle football at a junior high school field day that they set-up and supervised. The plaintiff alleged that there were three football games going on simultaneously and that the students had not been told not to play tackle football. The plaintiff sued for negligent supervision claiming there was no monitoring and no safety equipment provided for the football game. As a result of a tackle, the plaintiff suffered a fracture of the left foot requiring open reduction and internal fixation with hardware and subsequent hardware removal.

The defendant denied organizing or allowing any tackle football games. The defendant described the field day and testified that there were numerous organized games and that football was not one of them. The defendant allowed that the plaintiff had sustained an injury, but claimed there was no indication of how the plaintiff got injured or if it even happened in the course of the organized games at field day. At trial, ten to 11 teachers testified that there was no football game going on at the event in question.The jury found no negligence by the defendants.

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