From Casetext: Smarter Legal Research

DiMisa v. Elwood Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 488 (N.Y. App. Div. 2000)

Summary

In DiMisa, the injury at issue occurred when a student ran into and fell on top of another student during the course of the relay race (see id.).

Summary of this case from IN RE CLARK v. SUSQUEHANNA VALLEY CTRL. SCH.

Opinion

Argued January 18, 2000

February 24, 2000

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 4, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Siben Ferber, Hauppauge, N.Y. (Kenneth Ording of counsel), for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant, Elwood Union Free School District, made out a prima facie case of its entitlement to summary judgment. The infant plaintiff was injured when another student ran into her and fell on top of her during a relay race organized by her school as part of a "field day" competition. The infant plaintiff's unanticipated collision with her fellow student was the sole cause of her injuries. The relay race was adequately supervised by two physical education teachers and all five fourth-grade teachers. No other accidents occurred at this field day or during field days in the previous two years that would have put the defendant on notice that such relay races were dangerous (see, Buckvar v. Syosset Cent. School Dist., 148 A.D.2d 409 ).

In opposing the defendant's motion for summary judgment, the plaintiffs contended, inter alia, that the course of the relay race had been negligently designed. However, the affidavit of the plaintiffs' expert submitted in support of the negligent design claim was purely speculative, and therefore was insufficient to defeat the motion for summary judgment (see, Fallon v. Hannay Son, 153 A.D.2d 95 ). Despite the plaintiffs' attempt to raise factual questions, the undisputed proof establishes that the presence or absence of supervision was not a contributing factor to the happening of the accident (see, Pitner v. Brentwood Union Free School Dist., 254 A.D.2d 340 ; Hauser v. North Rockland Cent. School Dist. No. 1, 166 A.D.2d 553 ; Gattyan v. Scarsdale Union Free School Dist. No. 1, 152 A.D.2d 650 ).


Summaries of

DiMisa v. Elwood Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 488 (N.Y. App. Div. 2000)

In DiMisa, the injury at issue occurred when a student ran into and fell on top of another student during the course of the relay race (see id.).

Summary of this case from IN RE CLARK v. SUSQUEHANNA VALLEY CTRL. SCH.
Case details for

DiMisa v. Elwood Union Free School District

Case Details

Full title:LAUREN DiMISA, ETC., et al., appellants, v. ELWOOD UNION FREE SCHOOL…

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

Date published: Feb 24, 2000

Citations

269 A.D.2d 488 (N.Y. App. Div. 2000)
703 N.Y.S.2d 732

Citing Cases

Roman v. City of N.Y

Here, the defendant established its entitlement to judgment as a matter of law through evidence that the…

IN RE CLARK v. SUSQUEHANNA VALLEY CTRL. SCH.

There are also several cases that dismiss claims arising out of student collisions where such collisions are…