Archive for January, 2010

Matter of Ferraro v North Babylon Union Free School District

In this personal injury case, the infant plaintiff who suffers from developmental delays and other disabilities alleged that he injured himself while operating a heavy, self-closing door at a school in North Babylon Union Free School District (hereinafter the district) while attending a Western Suffolk BOCES (hereinafter BOCES) special education program. Plaintiff caught one of his fingers in the door hinge. This action to recover damages for personal injuries was commenced against the district and BOCES on the grounds of negligent supervision, alleging that plaintiff should not have been allowed to operate the door unsupervised.

Supreme Court denied defendant, BOCES’, motion for summary judgment dismissing the complaint alleging negligent supervision. BOCES then appealed the decision and plaintiffs cross-appealed. Since the infant passed out of the district’s orbit of authority while attending the BOCES program, which had been arranged by the district, the Court was correct in granting the branch of the district’s motion for summary judgment dismissing the complaint alleging negligent supervision.

Although BOCES met the prima facie burden of proving it adequately supervised plaintiff, the plaintiffs raised a triable issue of fact in opposition. Due to the infant plaintiff’s documented serious developmental delays, a triable issue of fact lies in whether BOCES was negligent in permitting him to operate a heavy, self-closing door unsupervised.

Accordingly, the Supreme Court affirmed the order as appealed and cross-appealed from with one bill of costs to defendant North Babylon Union School Free District.

Read more about this personal injury case.

For other interesting information in the personal injury file go to www.negligenceatty.com.

To read about Article 78 cases go to http://www.sheerinlaw.com/?id=78.

MUNOZ V. UPTOWN PARADISE

In a slip and fall case the Appellate Division First Department held that there was a triable issue of fact where a florist or his employees had sufficient notice of water on the floor of the shop prior to the plaintiff slipping.  Additionally, the owner of the shop testified that it was a common practice for the employees to shake water off flowers and onto the floor when moving the flowers and assembling floral arrangements.  Accordingly, the judges determined that there were enough issues of fact to have this case go to trial and be decided by a jury. 

Read the entire case here http://www.nycourts.gov/reporter/3dseries/2010/2010_00001.htm