Scahill Law Group P.C. | New York Trial Attorneys

Gomez v. Our Lady of Fatima Church, 117 A.D.3d 987 (2d Dept 2014)

Defendant’s motion for summary judgment was granted in this slip and fall accident.  The Appellate Division affirmed.

The infant plaintiff fell at the defendant's school playground. “Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision”… ‘liability for any such negligent supervision does not lie absent a showing that it constitutes a proximate cause of the injury sustained’” “[W]here ... an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, lack of supervision is not [a] proximate cause of the injury”.

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