Legal Opinion · Dissent
Benitez v. New York City Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1988Published
1DissentMurphy, P. J.
Because the evidence establishes that the injury to the plaintiff resulted from the risks ordinarily attending participation in a football game and, even more basically, that defendants were not guilty of. breaching any duty to the plaintiff, I dissent and would dismiss the complaint.
On October 22, 1983, plaintiff, a 19-year-old high school senior and a team member of the George Washington High School (GW) varsity football team, was seriously injured while blocking an opponent on the John F. Kennedy High School (JFK) varsity football team. Both teams were members of the A Division.
During the…
2Cases cited12 opinions
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Pratt v. RobinsonNew York Court of Appeals · 1976
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Lawes v. Board of EducationNew York Court of Appeals · 1965
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