Defective Chair in school injures student!
Jan 01, 2008OUTCOME: Plaintiff was offered and accepted a substantial settlement during trial!
N.Y.A.D. 2 Dept.,2008. Thomas v. Hempstead Union Free School Dist. 56 A.D.3d 759, 868 N.Y.S.2d 142, 238 Ed. Law Rep. 866, 2008 N.Y. Slip Op. 09383 Action was brought against school district to recov ... er damages sustained by seventh grade student who was allegedly injured when the broken leg of chair on which he was sitting came down on his finger. The Supreme Court, Nassau County, Mahon J., denied school district's motion for summary judgment. Defendant appealed. The Supreme Court, Appellate Division, held that fact issue existed as to whether school district could be charged with constructive notice of condition of chair. Triable issue of fact existed as to whether the school district had actual knowledge of a recurrent dangerous condition with respect to the condition of the chairs in the classroomof a seventh grade student and, therefore, whether it could be charged with constructive notice of each specific recurrence of that condition, precluding summary judgment in action brought to recover damages for personal injuries sustained by seventh grade student who was injured when the broken leg of chair on which he was sitting came down on his finger. Fogarty & Duffy, P.C., Mineola, N.Y. ( by GARRETT DUFFY), for Plaintiff. (Judges,ROBERT A. SPOLZINO, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO, and CHERYL E. CHAMBERS, JJ.). Plaintiff was offered a substantial settlement during trial.
