From Casetext: Smarter Legal Research

Coon v. Board of Education

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1990
160 A.D.2d 403 (N.Y. App. Div. 1990)

Summary

In Coon v Board of Educ. (160 A.D.2d 403), this Court, in reviewing a case where the school's alleged lack of supervision led to a student being trampled in a stairwell, held that "[w]here duty to supervise is mandatory, notice is not an issue."

Summary of this case from Garcia v. City of New York

Opinion

April 17, 1990

Appeal from the Supreme Court, Bronx County (Vincent G. Bradley, J.).


The infant plaintiff was injured in a stairwell of Public School 72 in the Bronx. She was trampled by running students. The plaintiff's theory was that there was negligent supervision of the children as they went down the stairs.

In charging the jury on adequate supervision, the court stated: "[T]he Board of Education has a mandatory duty [to] pupils, while under its control to exercise reasonable care for their safety and to provide general supervision to protect them against dangers of which the Board had notice." (Emphasis added.)

The infant's counsel took exception to that portion of the charge. A verdict was rendered for the defendant. The duty of a school district to supervise is unqualified and mandatory. (See, Decker v. Dundee Cent. School Dist., 4 N.Y.2d 462, 464.) Where duty to supervise is mandatory, notice is not an issue. This is not disputed by the Board of Education, but it argues that the court's charge correctly reflected the rule that specific dangers require notice. The language of the charge here conveyed to the jury the impression that the Board's general duty to supervise was dependent on notice, which was an incorrect statement of the law.

We have examined the other issues raised by the plaintiff and find them without merit.

Concur — Murphy, P.J., Kupferman, Asch, Wallach and Rubin, JJ.


Summaries of

Coon v. Board of Education

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1990
160 A.D.2d 403 (N.Y. App. Div. 1990)

In Coon v Board of Educ. (160 A.D.2d 403), this Court, in reviewing a case where the school's alleged lack of supervision led to a student being trampled in a stairwell, held that "[w]here duty to supervise is mandatory, notice is not an issue."

Summary of this case from Garcia v. City of New York
Case details for

Coon v. Board of Education

Case Details

Full title:LISA COON, an Infant, by Her Parent and Natural Guardian, LAURIE A…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 17, 1990

Citations

160 A.D.2d 403 (N.Y. App. Div. 1990)
553 N.Y.S.2d 759

Citing Cases

Murray v. RESEARCH FOUND

Where the actions to be taken by the school are so obvious and could easily have prevented the harm notice is…

Mirand v. City of New York

Although Virna was not permitted to testify as to what the teacher told her, this is a fair interpretation of…