Sandak v. Tuxedo Union School District No. 3

Since the second cause of action in the complaint herein has been dismissed for legal insufficiency, we must assume the following facts to be true. Due to the negligence of defendant teachers, White and Mottola, plaintiff, a fifteen-year-old eighth grade pupil, was struck on the side of her face by a basketball as she was entering upon the gymnasium floor of a school operated by defendant school district. The accident occurred in the course of physical educational activities, when a girls’ basketball class was allowed upon the gymnasium floor while a boys’ game was still in progress. As a…