Flanagan v. Canton Central School District

Appeal from an order of the Supreme Court (Demarest, J.), entered November 9, 2007 in St. Lawrence County, which granted defendant’s motion for summary judgment dismissing the complaint.

In October 2004, Brendan Flanagan, then in fifth grade, was pushed from behind by another fifth grade student while in the boy’s locker room of defendant’s middle school. The incident caused Flanagan to hit his head and abdomen on a nearby locker and bench and to sustain personal injuries that ultimately necessitated an emergency splenectomy. Plaintiff, Flanagan’s mother, then commenced this action alleging…