Successful Defense of School Claim at Court of Appeals

In this case, the underlying issue related to an incident in a school “common area” where one student suddenly assaulted another. Rob Rausch was previously successful, in both Supreme Court and the Appellate Division, in demonstrating that the incident could not reasonably have been anticipated or prevented. Plaintiff then moved for leave to appeal to the New York Court of Appeals. In opposition to the motion, Rob argued that the lower court Decisions were correct in all respects, and were based upon accurate statements of the facts and case law. The Court of Appeals agreed, denied plaintiff’s motion, and declined to hear the case. This has the ultimate effect of confirming the complete dismissal of plaintiff’s claims.

Maynard, O’Connor has been representing school districts throughout much of its 100-year history, and continues to defend many local schools in a wide variety of personal injury claims.