Legal Opinion
Wagner v. Oneonta School District
Appellate Division of the Supreme Court of the State of New York
Decided December 24, 2009PublishedCited by 3 opinions
1Opinion of the Court
Mercure, J.E
Plaintiff commenced this action to recover for injuries sustained by her eight-year-old daughter when other students closed the child’s fingers in a bathroom door at their elementary school. Following joinder of issue and discovery, defendant moved for summary judgment, arguing, among other things, that its supervision of the students was not negligent and that any such negligence was not a proximate cause of the child’s injuries. Supreme Court denied the motion and defendant now appeals.
We reverse. Defendant must exercise the same degree of care in supervising its students as a…
2Cases cited8 opinions
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- David v. County of SuffolkNew York Court of Appeals · 2003
- Foster v. New Berlin Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Walsh v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Tomlinson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- Elbadwi Ex Rel. Green v. Saugerties Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
- B. K. v. Meadow Dr. Sch.Appellate Division of the Supreme Court of the State of New York · 2019
- Mogan v. Dame Russell Physical Therapy, PLLCAppellate Division of the Supreme Court of the State of New York · 2015