Hudson v. Lansingburgh Central School District

• Decision Date: 30 March 2006
• Docket Number: 97983.
• Citation: 812 N.Y.S.2d 678,27 A.D.3d 1027,2006 NY Slip Op 02421
• Parties: ALICE HUDSON, Individually and as Parent of Guardian of GREGG ARNOLD, an Infant, Respondent, v. LANSINGBURGH CENTRAL SCHOOL DISTRICT, Appellant.
• Court: New York Supreme Court — Appellate Division

27 A.D.3d 1027

812 N.Y.S.2d 678

2006 NY Slip Op 02421

ALICE HUDSON, Individually and as Parent of Guardian of GREGG ARNOLD, an Infant, Respondent, v. LANSINGBURGH CENTRAL SCHOOL DISTRICT, Appellant.

97983.

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 30, 2006.

Appeals (1) from a judgment of the Supreme Court (Hummel, J.), entered November 19, 2004 in Rensselaer County, upon a verdict rendered in favor of plaintiff, and (2) from an order of said court, entered March 28, 2005 in Rensselaer County, which denied defendant's motion to set aside the verdict.

Peters, J.

Gregg Arnold was an eighth grade student in one of defendant's middle schools. While in his technology class, he cut off a portion of his middle finger on his nondominant hand while operating a jointer-planer. The injury required an amputation of that finger at the proximal interphalangeal joint. Plaintiff, Arnold's mother, commenced this negligence action alleging, among other things, that defendant failed to adequately supervise and instruct Arnold regarding use of the jointer-planer. After trial, a jury found defendant 65% liable on a damage award of $90,000 for past pain and suffering and $150,000 for future pain and suffering. Defendant moved, pursuant to CPLR 4404 (a), to set aside the verdict and grant either a directed verdict or a new trial. Alternatively, it sought a reduction in the damage award. Supreme Court denied the motion and defendant appeals.

Defendant contends that plaintiff failed to establish a prima facie case because her expert was not qualified to render an opinion regarding the applicable standard of care in a middle school setting for supervising the use of a jointer-planer. Moreover, it alleged that plaintiff failed to establish that defendant breached an applicable standard of care. We disagree. "Expert testimony is properly admitted `when it would help to clarify an issue calling for professional or technical knowledge . . . beyond the ken of the typical juror'" (People v Santi, 3 NY3d 234, 246 [2004], quoting De Long v County of Erie, 60 NY2d 296, 307 [1983]). The admissibility and scope of such testimony is addressed to the trial court's sound discretion and will not be disturbed on appeal absent an abuse of that discretion or an error of law (see Mariano v Schuylerville Cent. School Dist., 309 AD2d 1116, 1117 [2003]; Goverski v Miller, 282 AD2d 789, 790 [2001]). Although plaintiff's expert, Eugene Camerota, did not have experience teaching a middle school technology class, he is a licensed engineer with a Master's degree in mechanical engineering. Camerota teaches engineering technology in a college setting, which includes instruction in the manufacturing process as well as machine design and safety. He is fully familiar with jointer-planers, is versed in the applicable safety rules and was familiar with the manufacturer's recommendations regarding the use of this machine. For these reasons, Supreme Court properly exercised its discretion to permit Camerota's testimony regarding the standard of care necessary to safely supervise middle school students in the use of this machine (see Brushton-Moira Cent. School Dist. v Alliance Wall Corp., 195 AD2d 801, 802 [1993]; Franck v Minisink Val. School Dist., 136 AD2d 588, 589 [1988]). With no basis upon which to conclude that the level of care required in a middle school setting would be less than that required in a college or professional setting, Camerota's testimony, together with the other evidence offered by plaintiff, established a prima facie case of negligence.

Nor do we find merit in defendant's assertions that the theory of liability adopted at trial was not set forth in the bill of particulars, that the board length assumed by plaintiff's expert was not supported by the evidence, that the admission of a replica of the board constituted reversible error and that the proof was insufficient to establish negligence. The manufacturer's safety warnings and the school textbook specified that it was unsafe to use boards less than 12 inches in length on this machine. The bill of particulars adequately apprised defendant of plaintiff's theory of liability and plaintiff's expert disclosure fully detailed that the length of the board would be one of the factors supporting its claim. In addition, the record reveals that the length of the board was a relevant issue throughout discovery and Arnold testified at his deposition that the board was less than 12 inches (see Acunto v Conklin, 260 AD2d 787, 788-789 [1999]). While, indeed, the length of the board varied with each witness (with estimates ranging from six inches to two feet), it was not improper for plaintiff's expert to premise his opinion upon plaintiff's testimony. Thus, Supreme Court properly exercised its discretion in permitting the use of the replicated board based upon the authenticating testimony of Arnold (see People v Estrada, 109 AD2d 977, 978-979 [1985]) and left to the jury the assessment of the conflicting proof about the extent of safety instructions afforded to Arnold (see Castracane v Campbell, 300 AD2d 704, 706 [2002]).

There is also no merit to the contention that the verdict was against the weight of the evidence. "In determining whether the original trier of fact incorrectly assessed the evidence, great deference is given to a jury's interpretation of the evidence [and] [f]indings of fact that have sufficient support in the credible evidence will not be disturbed even if there is evidence leading to a contrary...