Buckvar by Buckvar v. Syosset Cent. School Dist.

• Decision Date: 06 March 1989
• Citation: 538 N.Y.S.2d 563,148 A.D.2d 409
• Parties: , 52 Ed. Law Rep. 688 Lynn BUCKVAR, an Infant, by Her Mother and Natural Guardian, Felice BUCKVAR, et al., Appellants, v. The SYOSSET CENTRAL SCHOOL DISTRICT, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 563

538 N.Y.S.2d 563

148 A.D.2d 409, 52 Ed. Law Rep. 688

Lynn BUCKVAR, an Infant, by Her Mother and Natural Guardian, Felice BUCKVAR, et al., Appellants, v. The SYOSSET CENTRAL SCHOOL DISTRICT, Respondent.

Supreme Court, Appellate Division, Second Department.

March 6, 1989.

Herbert Biegelman, P.C., New York City (Irving N. Selkin, of counsel), for appellants.

Termini & Epstein, New York City (Edward J. Hale, of counsel), for respondent.

Before THOMPSON, J.P., and KUNZEMAN, EIBER and SULLIVAN, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), entered March 23, 1987, which, after the presentation of evidence by the plaintiffs, granted the defendant's motion, made during trial at the close of their evidence, to dismiss the complaint for failure to make out a prima facie case.

ORDERED that the order is affirmed, without costs or disbursements.

The infant plaintiff was injured during a game of girls' flag football organized by Syosset High School as part of "Spirit Week". The infant plaintiff and her mother asserted a negligen claim against the defendant school district on two theories: failure to provide adequate supervision and failure to instruct on reasonable safety precautions to be observed while engaging in the activity.

The evidence adduced at trial demonstrated that the game of flag football does not involve physical contact between players. The infant plaintiff testified that when a player on the opposing team reached across to the infant plaintiff's left side to grab her flag, the two collided and the infant plaintiff flipped over the opposing player.

Giving the plaintiffs every favorable inference which could reasonably be drawn from the proof submitted, on this record there was no rational basis on which the jury could find that the school district was negligent (see, Rhabb v. New York City Housing Auth., 41 N.Y.2d 200, 391 N.Y.S.2d 540, 359 N.E.2d 1335).