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Alleged negligent failure of school district to use safety glass in swinging door – Defendant allegedly permits dangerous condition to exist – Glass breaks as plaintiff student opens door – Laceration and nerve damage to dominant hand – Liability only.

Westchester County, NY

The plaintiff contended that the swinging door in the defendant’s school was dangerous, because the glass insert was comprised of regular glass, and that since the door would be pushed open, the defendant should have used safety glass, or a similar material.

The defendant pointed out that the school had been built nearly 60 years earlier. The defendant contended that there were no prior similar incidents, and denied that it had notice of any dangerous condition.

The parties stipulated that there was no legally mandated requirement, that the defendant retrofit the door and no expert testimony was presented at trial.

There were no allegations of negligent supervision.The jury found for the defendant.

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