Special education teacher awarded $512,465 after being attacked by student
Dinardo v City of New York
In this New York personal injury case, plaintiff Zelinda Dinardo, a special education teacher, sought to recover damages for injuries sustained while attempting to protect one of her students from attack by another student with a history of aggressive and disruptive behavior. The Supreme Court ruled in favor of plaintiff in April 2008 and respondents appealed.
Respondents argued that plaintiff’s claim should fail because it was based on the Board of Education’s alleged negligence in the placement and transfer of a student. Contrary to respondents’ contention, the issue at hand was that the school administrators failed to follow through with the transfer request in a timely fashion. Additionally, evidence disproves the Board’s argument denying liability due to no knowledge of previous violent outbursts by the student who attacked the plaintiff.
Accordingly, the Court dismissed the appeal without costs and affirmed the judgment awarding plaintiff damages in the amount of $512,465.
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Tags: negligence, personal injury