Smith v. J.H. West Elementary School
Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered March 5, 2007, which granted the motion of the defendants J.H. West Elementary School and Elainedge School District for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the respondents’ motion for summary judgment dismissing the complaint is denied.
In June 2005 the infant plaintiff, who was participating in a “backward” relay race organized by his school as part of a field day, allegedly was injured when he slipped or tripped, and fell. At his deposition, the infant plaintiff, who was a 10-year-old fifth grader at the time of the accident, explained that while the relay race originally was a “forward” one, two school employees who were supervising the race turned it into a backward one, and “told” the children to start running backward. In addition, in an affidavit, the infant plaintiff recounted, inter alia, that before the field day, his teachers “told” him that he would be participating in the race, and that he therefore “presumed that [he] had no choice but to participate.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.