Darrow v. West Genesee Cent. School Dist.
| Decision Date | 13 April 1973 |
| Citation | 41 A.D.2d 897,342 N.Y.S.2d 611 |
| Parties | Arthur D. DARROW, Individually and as parent of Thomas Darrow, an infant, Appellant, v. WEST GENESEE CENTRAL SCHOOL DISTRICT and Michael Massere, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Coulter, Fraser, Carr, Ames & Bolton, Henry S. Fraser, Syracuse, for appellant.
Hancock, Estabrook, Ryan, Shove & Hust, Robert A. Small, Syracuse, for respondents.
Before GOLDMAN, P.J., WITMER, MOULE, SIMONS and HENRY, JJ.
The infant plaintiff was injured in school when he and another student ran into each other while participating in a game of line soccer during a regularly scheduled gym class. The game is played by dividing the class into two groups of boys arranged in opposing lines with a soccer ball placed between the line. Each boy is given a number with corresponding numbers for the boys on the opposing team. When the teacher calls one or more numbers those boys whose number is called run toward the ball and try to reach it first and kick it through the opposing team's line. The plaintiff's claim is that he was directed to play the game without proper instructions for his own safety. School authorities have an affirmative duty to instruct students in physical education classes on reasonable safety precautions to be observed while engaging in class activities (Clark v. Board of Education, 304 N.Y. 488, 109 N.E.2d 73; Gardner v. State, 256 App.Div. 385, 10 N.Y.S.2d 274, affd. 281 N.Y. 212, 22 N.E.2d 344; Armlin v. Board of Education, 36 A.D.2d 877, 320 N.Y.S.2d 402). The plaintiff's expert testified that reasonable care required a demonstration and explanation to these 10 year old...
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...instructions given is presented (see, Lorenzo v. Monroe Community Coll., 72 A.D.2d 945, 422 N.Y.S.2d 230; Darrow v. West Genesee Cent. School Dist., 41 A.D.2d 897, 898, 342 N.Y.S.2d 61). We reject the district's argument that summary judgment was properly granted on the ground that any negl......
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Fosselman v. Waterloo Community School Dist., in Black Hawk County
...sufficient evidence of negligent supervision for submission of that issue to the jury. The recent case of Darrow v. West Genesee Cent. Sch. Dist., 41 A.D.2d 897, 342 N.Y.S.2d 611 cited by plaintiffs in oral argument is readily factually distinguishable. In that case plaintiff was injured wh......
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...by its negligence ( see Oakes v. Massena Cent. School Dist., 19 A.D.3d 981, 981–982, 797 N.Y.S.2d 640; Darrow v. West Genesee Cent. School Dist., 41 A.D.2d 897, 342 N.Y.S.2d 611; PJI 2:227). While defendant established that it provided students with some instruction concerning the use of th......
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Rinaldo v. Williamsville Cent. Sch. Dist. & Casey Middle Sch.
...89 AD3d 1378 [4th Dept 2011]; Oakes v. Massena Cent. School Dist., 19 AD3d 981, 981–982 [3d Dept 2005]; Darrow v. West Genesee Cent. School Dist., 41 A.D.2d 897 [4th Dept 1973] ). Applying the foregoing principles, the Court concludes that defendant sustained its burden on the motion of dem......