Practice point: The infant plaintiff was injured when, while playing
basketball in the school gymnasium, he was shoved by a classmate into an
electrical outlet. Defendants moved for summary judgment, asserting that the Board
lacked actual or constructive notice of the defective electrical outlet
in the gym, and, in any event, was not the proximate cause of the infant
plaintiff's injury. The motion court granted the motion, finding that the
evidence showed that the conduct of the Board was not the proximate
cause of plaintiff's injuries.
The Appellate Division affirmed, finding that, whatever the merit to the assertion that the
outlet was improperly maintained and dangerously protruding from the
wall, the spontaneous act of another student pushing plaintiff into the
electrical outlet constituted a supervening act relieving the Board of
liability.
Student note: Plaintiffs' claim of negligent supervision was never asserted in the notice of claim, and therefore cannot be raised on appeal.
Case: Ramos v. New York City Bd. of Educ., NY Slip Op 04730 (1st Dept. 2013).
Here is the decision.
Monday's issue: Exculpatory clauses.
