Gibbons v. Pine Bush Central School District

The infant plaintiff allegedly sustained personal injuries when he was struck in the right eye by a shuttlecock while playing badminton during his high school physical education class. The infant plaintiff and his father, suing derivatively, commenced this action against the defendant. The Supreme Court denied the defendant’s motion for summary judgment dismissing the complaint.

The Supreme Court should have granted the defendant’s motion for summary judgment dismissing the complaint. At his deposition, the infant plaintiff described the activity as trying to spike the shuttlecock to a place…