Milbrand v. Kenmore-Town of Tonawanda Union Free School District

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her son while he was engaged in a game of “tape ball” during a physical education class. When plaintiffs son stepped on one of the rubber bases placed on the gymnasium floor for the tape ball game, the base slipped, and he fell. Plaintiff alleged that defendant negligently supervised her son and otherwise failed to provide him with proper equipment to engage in the tape ball game. Defendant moved for summary judgment dismissing the complaint, and Supreme Court denied the motion. We reverse.

*1342It is well settled…