Saccente v. Lexington School for the Deaf

The infant plaintiff was injured while playing "speed ball” during gym class at the defendant school. According to his affidavit, the infant plaintiff had no choice but to participate in this event, for otherwise he would have obtained a "zero for the class”. The infant plaintiff also averred that, having noted the wet condition of the field, he specifically asked the gym teacher if he could put on his cleats instead of sneakers. The gym teacher allegedly refused to allow him to do so, and told the infant plaintiff to "stop wasting time”.

The plaintiffs’ submissions in opposition to the…