Ehlinger v. Board of Education of New Hartford Central School District

— Judgment unanimously reversed, on the law and facts, motion denied and new trial granted, with costs to abide the event. Memorandum: Carol Ehlinger, then 14 years of age, dislocated her right elbow when she struck the gymnasium wall while running the speed test portion of the New York State physical fitness test in a gym class at the Ralph Perry Junior High School. Plaintiff Lucy Ehlinger, Carol’s mother, brought this action, alleging that defendant was negligent in failing to follow the recommendations in a New York State Physical Fitness Screening Test Manual for designing the course and…