Y.R., an infant by her mother and natural guardian, Kezia Gonzalez v. Jane Doe Linnem and The Mount Sinai School District

CFO Legal > Y.R., an infant by her mother and natural guardian, Kezia Gonzalez v. Jane Doe Linnem and The Mount Sinai School District

Brief Description of Case:

Infant plaintiff allegedly sustained injury after falling during gym class. The exact nature of the fall was disputed: plaintiff claimed she tripped over a (dangerous) folded mat and Ms. Linnem testified that plaintiff fell backwards during a relay race activity. It was alleged that Ms. Linnem, the gym teacher, and The Mount Sinai School District, were negligent in failing to properly supervise plaintiff and requiring her to participate in an activity she was physically incapable of performing. It was further alleged that The Mount Sinai School District was negligent in its hiring, training, and supervision of Ms. Linnem, and that Ms. Linnem could be personally liable for plaintiff’s injuries.

Court or Jury’s Decision and Reasoning:

We successfully argued that the School District provided adequate supervision and that even the most intense supervision could not have prevented infant plaintiff’s sudden and spontaneous accident. Additionally, we successfully argued that Ms. Linnem was properly acting within the scope of her employment and could not be held personally liable for her conduct.

Despite conflicting testimony regarding the nature of the fall, the evidence submitted made a prima facie case of entitlement to summary judgment by demonstrating that the incident occurred in such a short period of time that even the most intense supervision could not have prevented it. The testimony also reflected that the infant plaintiff was engaged in an age-appropriate activity which she was not compelled to participate in. She also did not inform Ms. Linnem of any inability to participate in the activity. Finally, plaintiff failed to substantively oppose our prima facie showing that Ms. Linnem was acting within the scope of her employment and could not be held personally liable for plaintiff’s injuries. Accordingly, our motion for summary judgment dismissing the entire complaint was granted.

The Best Possible Defense

Attorneys:

Summary Judgment Motion was Drafted by Kathleen Foley

Party We Represent:

Jane Doe Linnem and The Mount Sinai School District

Venue:

Supreme Court, Suffolk County

Date:

January 2025