Dworzanski v. Niagara-Wheatfield Central School District

Memorandum:

Plaintiff commenced this action, individually and on behalf of his son, a third-grade student at defendant’s elementary school who was injured while walking by playground equipment known as a “slide pole” during a school recess period. The injury allegedly occurred when another student slid down the slide pole and landed on him. At the time of the injury, *1379four third-grade classes, including the class of plaintiff s son, were using the school playground, and the classes were being supervised by the classroom teachers.

In the complaint, plaintiff alleged that defendant was negligent…