DIMISA v. ELWOOD UNION FREE SCHOOL DISTRICT


269 A.D.2d 488 (2000)

703 N.Y.S.2d 732

LAUREN DIMISA, an Infant, by Her Mother and Natural Guardian, LINDA DIMISA, et al., Appellants, v. ELWOOD UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided February 22, 2000.


Ordered that the order is affirmed, with costs.

The defendant, Elwood Union Free School District, made out a prima facie case of its entitlement to summary judgment. The infant plaintiff was injured when another student ran into her and fell on top of her during a relay race organized by her school as part of a "field day" competition. The infant plaintiff's unanticipated collision with her fellow student was the sole cause of her injuries. The relay race was adequately...

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