OAKES v. MASSENA CENTRAL SCHOOL DISTRICT


19 A.D.3d 981 (2005)

797 N.Y.S.2d 640

PAMELA K. OAKES et al., Individually and as Parents and Guardians of MARLAN OAKES, an Infant, Respondents, v. MASSENA CENTRAL SCHOOL DISTRICT, Appellant.

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

June 30, 2005.


Mugglin, J.

Plaintiffs' son suffered extensive damage to his right eye when he was unintentionally hit by a football kicking tee thrown by a fellow eighth grader during a physical education class at one of defendant's schools. Plaintiffs allege negligent supervision of the class and failure to properly instruct the students concerning safety risks, particularly with respect to the handling of a kicking tee. Defendant moved for summary judgment and plaintiffs cross...

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