Sticks and Stones May Break The Bones…

In Rosborough v. Pine Plains Central School District, the plaintiff, an eighth grade student, was struck in the eye by a stick thrown by a fellow student during a fire drill. The lower court granted the school’s motion for summary judgment, and the Second Department affirmed. The Appellate Division found that schools cannot be expected to continuously supervise and control the students’ movements and activities. Rather, a school will only be held accountable for a third-party’s acts that are foreseeable. In this case, the plaintiff failed to demonstrate that the school had knowledge or notice of the injury-causing act.

Thank you to Georgia Stagias for her contribution.

For more information, please contact Denise Fontana Ricci at dricci@wcmlaw.com.