Gattyan v. Scarsdale Union Free School Dist. No. 1

• Decision Date: 17 July 1989
• Citation: Gattyan v. Scarsdale Union Free School Dist. No. 1, 543 N.Y.S.2d 732, 152 A.D.2d 650 (N.Y. App. Div. 1989)
• Parties: , 54 Ed. Law Rep. 1313 Andre F. GATTYAN, et al., Appellants, v. SCARSDALE UNION FREE SCHOOL DISTRICT # 1, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 732

543 N.Y.S.2d 732

152 A.D.2d 650, 54 Ed. Law Rep. 1313

Andre F. GATTYAN, et al., Appellants, v. SCARSDALE UNION FREE SCHOOL DISTRICT # 1, Respondent.

Supreme Court, Appellate Division Second Department.

July 17, 1989.

Robert G. Cucinell, Hartsdale (Frank J. Haupel, of counsel), for appellants.

Louis D. Broccoli, Hartsdale (John P. Varachi, of counsel), for respondent.

Before MOLLEN, P.J., and THOMPSON, RUBIN and SPATT, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Donovan, J.), entered March 4, 1988, which, upon granting the defendant's motion made at the close of the evidence, to dismiss the complaint on the ground that they had failed to present a prima facie case, is in favor of the defendant and against them.

ORDERED that the order and judgment is affirmed, with costs.

The infant plaintiff, a high school senior, was injured while sleigh riding on a hill located on the school premises of the defendant during his scheduled recess period. The trial court, at the close of the evidence, granted the defendant's motion for judgment as a matter of law on the ground that the plaintiffs failed to establish a prima facie case of negligent supervision. Viewing the evidence in the light most favorable to the plaintiffs, who are entitled to the benefit of all inferences which may reasonably be drawn therefrom (see, McCloud v. Marcantonio, 106 A.D.2d 493, 495, 483 N.Y.S.2d 31; Santiago v. Steinway Trucking, 97 A.D.2d 753, 468 N.Y.S.2d 175), we agree that no rational basis existed for the jury to find in the plaintiffs' favor.

The record is devoid of any evidence that sleigh riding by the infant plaintiff and his companions on a moderately steep slope with an inflatable sled designed for that purpose and used in a proper manner constituted dangerous play (see, Munson v. Board of Educ., 17 A.D.2d 687, 230 N.Y.S.2d 919, affd, 13 N.Y.2d 854, 242 N.Y.S.2d 492, 192 N.E.2d 272). Although the school had a rule forbidding sliding down the slope during school hours, there is no proof that this rule was promulgated for any reason other than preventing classroom distractions. There was no prohibition against sleigh riding on the hill after school hours, which was a common activity among the student body. There had been no reports of any prior injuries.

On the date of the infant plaintiff's accident, a teacher observed the sledders, who were distracting her class. The instructor gestured to the infant plaintiff and his friend to leave the area, closed the blinds of the classroom windows facing the slope and instructed her students to return to their lessons. The infant plaintiff and his companions continued to sleigh ride. The infant plaintiff made five or six more runs before suffering injuries when he landed on his back after his sled slipped out from under him.

We agree with the plaintiff that the school had a duty to supervise the activities of seniors who remained on school premises during scheduled recess periods (see, Miller v. Board of Educ., 291 N.Y. 25, 50 N.E.2d 529; Lawes v. Board of Educ., 16 N.Y.2d 302, 266 N.Y.S.2d 364, 213 N.E.2d 667; Lauricella v. Board of Educ., 52 A.D.2d 710, 381 N.Y.S.2d 566). However, a school is not the insurer of the safety of its students (see, Rock v. Central Square School Dist., 113 A.D.2d 1008, 494 N.Y.S.2d 579; Swiatkowski v. Board of Educ., 36 A.D.2d 685, 686, 319 N.Y.S.2d 783). The standard of care applicable to a school's supervision of students is that degree of supervision that a parent of ordinary prudence would undertake in comparable circumstances (Lawes...