Plaintiff is the mother of decedent, a five-year-old kindergarten student who was asthmatic, a fact known by his teacher and reflected in records maintained by the school nurse. At the beginning of the school year, plaintiff gave to the nurse decedent's asthma medication, an inhaler, and an authorization and directive for its use, as well as a separate authorization for an allergy medication.

On the day in question, decedent's teacher and the teacher's aide in his class noticed that he was coughing and they decided he should see the nurse. According to the nurse's records, decedent was breathing, alert, and in no distress. The nurse gave decedent his inhaler medication and notified plaintiff, who drove to the school. According to plaintiff, when she arrived, decedent was standing with the nurse and the principal. He was breathing and able to walk and talk. Plaintiff told the nurse that she was taking decedent to his pediatrician, which the nurse had suggested, and plaintiff put decedent in her car and drove away.

Plaintiff alleges that in the car decedent appeared to be hot and ill, and that she stopped twice to attend to him. Plaintiff decided to drive directly home, which she says was closer than the doctor's office, to call for help. Plaintiff asserts that, on reaching her home, she left decedent in the car, called 911, and then moved him into the house where emergency medical personnel treated him before taking him to the hospital by ambulance. Decedent was pronounced dead at the emergency room.

The Second Department granted defendant's motion to dismiss, in Williams v. Hempstead School District, which was decided on December 6, 2007. The court noted that decedent had been released to plaintiff who assumed complete custody and control of him. Having removed decedent from the geographic boundaries of the school district, as well as from defendant's actual control, and having decided to take him home where plaintiff administered medication, plaintiff cannot establish, as matter of law, that a duty existed which could give rise to any liability by defendant.