J.B. an infant by his mother and natural guardian, Keri Flanigan, and Keri Flanigan, individually v. William Floyd School District of the Mastic-Moriches-Shirley

CFO Legal > J.B. an infant by his mother and natural guardian, Keri Flanigan, and Keri Flanigan, individually v. William Floyd School District of the Mastic-Moriches-Shirley

Brief Description of Case:

The infant plaintiff was injured when he fell during recess. He alleged that, during a race, his friend bumped into him and his foot slipped on loose gravel, causing him to fall to the ground. He sustained fractures to his left radius and left ulna which required open reduction and internal fixation to repair. His mother sued the School District, individually and on behalf of her son. It was alleged that the School District failed to keep the subject premises in a reasonably safe condition and failed to properly supervise the students at recess.

Court or Jury’s Decision and Reasoning:

We successfully argued that the level of supervision provided during recess was adequate and, in any event, a lack of supervision was not the proximate cause of his injuries. The evidence reflected that a lunch monitor was in close proximity supervising the infant plaintiff and approximately 15 other children. The Court observed that infant plaintiff’s accident happened suddenly, unexpectedly, and in such a short period of time that not even the most intense supervision could have prevented it.

We also successfully argued that the School District did not create or have any notice of the allegedly dangerous condition. Plaintiffs alleged that the blacktop was “covered in sand and gravel.” We produced an affirmation of the school’s head custodian which revealed that he inspects the blacktop every morning and sweeps it if it is covered with sand. The Court held that Plaintiffs failed to meet their burden of coming forth with sufficient admissible evidence to prove the contrary. None of the testimony revealed that the blacktop was covered in sand and gravel at the time of infant plaintiff’s accident. The Court observed that infant plaintiff merely testified that his friend bumped into him, causing him to slip on gravel, and failed to show that sand caused his fall. Accordingly, our motion for summary judgment dismissing the complaint was granted.

The Best Possible Defense

Attorneys:

Summary Judgment Motion was Drafted by Matthew Garber

Party We Represent:

William Floyd Union Free School District

Venue:

Supreme Court, Suffolk County

Date:

October 2024