The firm’s White Plains office won a summary judgment motion on behalf of a client. Plaintiff commenced this personal injury action against our client, Arlington Central School District, alleging that the 6-year old Plaintiff was injured while playing on the school’s playground during recess. Plaintiff claimed that our client, failed to properly supervise and protect the Plaintiff by allowing him to climb on playground equipment that was too high and steep for his age.
Kevin G. Maguire argued that that although schools are under a duty to adequately supervise the students in their charge and will be held liable for foreseeable injuries related to the absence of adequate supervision, schools are not insurers of their students’ safety, for they cannot be reasonably expected to continuously supervise and control all of the students’ movements and activities. Mr. Maguire was able to prove that there were three adult monitors supervising the 20-30 students on the playground at the time of Plaintiff’s accident and that the equipment Plaintiff was climbing on was appropriate for his age group. Thus showing that the level of supervision afforded to the Plaintiff was adequate and the playground equipment was appropriate for the Plaintiff’s age group and was not defective.
The Court held that Mr. Maguire established a prima facie entitlement to judgment as a matter of law to dismiss the Complaint against our client. In contrast, Plaintiff was unable to produce evidentiary proof in admissible form sufficient to show the existence of a triable question of fact.