Jenkins v. Freeport UFSD

CFO Legal > General Liability Defense > Jenkins v. Freeport UFSD

Brief Description of Case:

Plaintiffs allege that this accident occurred June 4, 2015, during infant’s sixth grade gym class at Caroline G. Atkinson intermediate School, Freeport, New York. At this time, infant was playing in the field during a compulsory game of kickball. At the time of the incident, infant was running to catch the ball that had been kicked up in the air by the other team. As he was running from the infield towards the outfield, he tripped over the foot of a player on the other team who was running from first base to second base. As such, infant was caused to trip and stumble through the closed double doors, which required him to push on a metal bar to open, leaving the gymnasium and entering “the marble room”, where he immediately fell face first to the floor. He did not get hurt as a result of the fall to the floor, however, as a result of his stumbling into the door leading into the marble room, the door swung open and hit against the tables that were stacked and lined up against the wall inside the room, whereupon the tables fell onto infant’s head while he lay face down.

Court or Jury’s Decision and Reasoning:

Court agreed with our argument that the accident was a sudden and spontaneous occurrence accompanied by unforeseeable and unique circumstances for which the district was not liable.

The Best Possible Defense

Attorneys:

Thomas J. Cicillini

Party We Represent:

Freeport UFSD

Venue:

Supreme Court, Nassau County

Date:

April 2018