Brief Description of Case:
This litigation arises from an alleged incident that occurred May 23, 2017, at approximately 12:00 P.M., at which time infant-plaintiff, Bianca Zarnighian, claims she was attacked/pushed from behind by a special education student (Joshua Stark) during a physical education class held on the outdoor field outside of the “little gym” at Great Neck North Highschool.
Court or Jury’s Decision and Reasoning:
In sum, the Court found, upon viewing all of the evidence and arguments, that a non-party special needs student’s acts of running onto the field and pushing plaintiff to the ground were impulsive and could not have been anticipated by then school District.