In Gaspard v. Board of Education of City of New York , Dieusel Gaspard filed suit to recover damages for personal injuries suffered by his nine-year-old daughter, Carline.
Carline was participating in an after-school program at the Empire Roller Skating Center (Empire) where she was pushed and fell. Although Gaspard alleged that the incident was the result of overcrowding and negligent supervision, Empire challenged the case's legal sufficiently and sought to have the case dismissed.
When the Kings County Supreme Court denied Empire's request, Empire appealed to the Appellate Division, Second Department, which reversed and found that Empire was free of liability.
During the course of discovery, the facility's general manager confirmed that the center wasn't overcrowded when the incident occurred. And, Carline's own testimony established that the incident was not caused by negligent supervision, but by unknown skaters whose "sudden and abrupt" conduct was unavoidable.
Since the accident could only have been avoided "by the most intense supervision" -- a standard which Empire was not required to satisfy -- the AD2 could discern no reason to keep the case rolling.
To download a copy of the Appellate Division's decision, please use this link: Gaspard v. Board of Education of City of New York
NOTE: According to news reports, Empire ceased operating in April of 2007. The owner claimed to have been losing money due, in part, to increased liability insurance costs. Here's a copy of a NY1 account: Empire Roller Rink Closing Its Doors