Brief Description of Case:
The second grade plaintiff fell from the school playground monkey bars and alleged that the School District was negligent in both its supervision of plaintiff and its maintenance of the playground ground cover.
Court or Jury’s Decision and Reasoning:
The Supreme Court granted the School District’s motion for summary judgment and dismissal of the complaint. There was no evidence demonstrating that the students were not adequately supervised. Additionally, plaintiff’s expert failed to rebut the School District’s prima facie showing that the ground cover was appropriate and properly maintained.