Robert Rausch was recently successful in obtaining not only a dismissal of a negligence claim against a local school, but also in defending an appeal from that decision. The plaintiff claimed that he was injured when another student suddenly physically assaulted him in a school “common area”. In any claim regarding “negligent supervision” and failure to protect a student from another student, a plaintiff must prove that the school should have reasonably anticipated and prevented the assault. Rob moved for summary judgment and dismissal, and demonstrated that the alleged assailant had not previously engaged in prior violent behavior and that the school lacked notice that this incident might occur. Rob also presented video that reflected that the incident occurred too quickly to have been seen and prevented. Supreme Court agreed, found that the school could not have anticipated and prevented the incident, and dismissed the case in its entirety. The plaintiff appealed, and the Appellate Division, Third Department, recently affirmed the lower court Decision, and confirmed that the claim was appropriately dismissed.
Maynard, O’Connor has been defending school districts throughout much of its 100-year history, and continues to represent many local schools in a wide variety of personal injury claims.