GRANDEAU v. SOUTH COLONIE CENTRAL SCHOOL DISTRICT


63 A.D.3d 1484 (2009)

881 N.Y.S.2d 549

DAVID GRANDEAU, Individually and as Parent of MICHAEL GRANDEAU, an Infant, Appellant, v. SOUTH COLONIE CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided June 25, 2009.


ROSE, J.

Plaintiff's eight-year-old son climbed onto the top of a set of monkey bars at defendants' playground and then attempted to swing from there down to the ground. Unfortunately, he lost his grip, landed on his left arm and fractured it. Plaintiff commenced this action alleging that, among other things, defendants had not maintained a thick enough layer of surfacing material on the ground beneath the bars to cushion the fall and prevent the type of injury sustained...

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