HORNYAK v. POMFRET SCHOOL

No. 85-1627.

783 F.2d 284 (1986)

Florence A. HORNYAK, Plaintiff, Appellant, v. The POMFRET SCHOOL, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 11, 1986.


Attorney(s) appearing for the Case

Martin W. Aisenberg, Jones & Aisenberg, Providence, R.I., was on brief, for plaintiff, appellant.

Patricia Breslin, Providence, R.I., with whom Leonard A. Kiernan, Jr., Kiernan, Currier & Plunkett, Providence, R.I., were on brief, for defendant, appellee.

Before COFFIN, BOWNES, and TORRUELLA, Circuit Judges.


COFFIN, Circuit Judge.

In this appeal from the granting of a directed verdict for the defendant, we marshal the following facts favorable to the plaintiff.

A fifteen year old girl, while on training for position on her school's crew, after one to two and a half hours of rowing, observed and then participated in for the first time an exercise called the "Harvard Step Test". This test required that she, together with several other girls, divided equally on opposite...

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