CASTRO CONQUERS NEW YORK CITY
In Castro v. City of New York Dept. of Educ., Nicholas Castro -- a three-year old "special needs" student -- was allegedly attacked on three separate occasions by another student while at school.
When an assault ultimately resulted in a broken femur, Castro filed suit alleging that school officials had failed to adequately supervise the child who injured him.
When the New York County Supreme Court denied the New York City Department of Education's (DOE) request to dismiss the case, DOE appealed to the Appellate Division, First Department.
Since there were unresolved questions as to whether the school provided adequate supervision under the circumstances, the AD1 concluded that the case needed to proceed to trial.
Viva Castro!
For a copy of the Appellate Division's decision, please use this link: Castro v. City of New York Dept. of Educ.
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Comments
Hey,
We're the Department of Education; you can't expect us to look out and make sure a 3 year old doesn't break his leg. We're too busy doing important stuff like trying to fire teachers for possessing a joint.
Posted by: J Klein | July 7, 2008 3:09 PM
Oh, and disregard that partial vacate order on the Tweed Courthouse. We took care of it.
Posted by: M Bloomberg | July 7, 2008 3:13 PM
Special needs or no special needs, why are three year olds in "school?" Childhood now ends at 2?
Posted by: Gines Pasamonte | July 7, 2008 6:22 PM
GP, I was thinking that too. Could it be that our public school system has eliminated the need for babysitters? It certainly subtitutes for parenting.
Posted by: Sy Mann | July 8, 2008 10:38 AM