In Rant v. Locust Valley High School, plaintiff Joseph Rant (age 16) was at his high school for a theater club activity. Rant walked through a small hallway, which the lower court described as in a “state of disarray.”  Rant bumped into a stick which was protruding from a shelving unit. Rant picked up the stick and placed it on the top shelf. When he placed the stick on the top shelf, something jiggled loose, and two two-by-four pieces of wood that were nailed together fell onto him.

Rant sued his high school, arguing he was injured as a result of a defective condition.  In order to prevail, he needed to establish that a dangerous condition existed and that the school had notice of the condition.

Plaintiff was awarded summary judgment by the trial court, but on appeal, the decision was reversed.  The Appellate Division, Second Department, held there was this no dangerous condition, as the the two two-by-fours on the top shelf “furnished the occasion for the event to occur but was not one of its causes.”  Instead, the cause was plaintiff’s own action by inadvertently knocking the wood from the shelves. The court also summarily dismissed plaintiff’s claims of poor lighting and negligent supervision.

Thanks to Betsy Silverstine for her contribution to this post.  Please write to Mike Bono for more information.