EHLINGER v. BD. OF EDUC. OF NEW HARTFORD CENT. SCH. DIST.


96 A.D.2d 708 (1983)

Lucy Ehlinger, Individually and as Natural Mother of Carol Ehlinger, Appellant, v. Board of Education of New Hartford Central School District, Respondent

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

July 11, 1983


Judgment unanimously reversed, on the law and facts, motion denied and new trial granted, with costs to abide the event.

Memorandum:

Carol Ehlinger, then 14 years of age, dislocated her right elbow when she struck the gymnasium wall while running the speed test portion of the New York State physical fitness test in a gym class at the Ralph Perry Junior High School. Plaintiff Lucy Ehlinger, Carol's mother, brought this action, alleging that defendant was negligent...

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