Kistinger v. Seaford UFSD

CFO Legal > General Liability Defense > Kistinger v. Seaford UFSD

Brief Description of Case:

Plaintiff injured when small wall in locker room fell on him. He had just been “hanging” on that wall.

Court or Jury’s Decision and Reasoning:

The District believed the wall was built in 1956 , moreover the Head custodian had been there for 20 years—no complaints about that wall or the other like it in the locker room.

The court granted SJ to district as there was no notice for at least 20 years (possibly 60) that there was any problem with the wall; Res Ipsa Loquitor did not apply as the district did not have exclusive control over the locker room; plaintiffs expert’s opinion was speculative, no evidence the DISTRICT built the gym (as opposed to contractor). Defendant did not retain an expert.

The Best Possible Defense


Lynne Prommesberger

Party We Represent:

Seaford UFSD


Supreme Court, Nassau County


November 2018