MATTER OF HAYES v. PERU CENTRAL SCHOOL DISTRICT


281 A.D.2d 794 (2001)

722 N.Y.S.2d 104

In the Matter of WILLIAM HAYES, as Parent and Guardian of MICHAEL HAYES, an Infant, Respondent, v. PERU CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided March 15, 2001.


Mugglin, J.

On September 30, 1999, Michael Hayes (hereinafter the infant) was in the technology classroom at one of respondent's schools with the permission of his teacher, but without supervision from any of respondent's employees. As the infant attempted to cut a piece of sheet metal, the shearing machine tipped off the table. When he attempted to catch it, one of the legs on the machine severely lacerated the four fingers on the infant's left hand, also tearing...

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