BELLINGER v. BALLSTON SPA CENTRAL SCHOOL DISTRICT


57 A.D.3d 1296 (2008)

871 N.Y.S.2d 432

LENORE BELLINGER, Individually and as Parent and Guardian of RAVEN N. SIMMONS, an Infant, Respondent, v. BALLSTON SPA CENTRAL SCHOOL DISTRICT, Appellant.

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

December 24, 2008.


Spain, J.

Plaintiff's daughter, a fifth grader at Wood Road Intermediate School in the Village of Ballston Spa, Saratoga County, was playing one-hand touch football at recess when she and a fellow teammate, both running toward the same opponent, collided on the field. The teammate's head hit plaintiff's daughter in the mouth, knocking out three of her teeth and fracturing a fourth. Plaintiff thereafter commenced this action alleging negligent supervision on the part...

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