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MISTY

j0255355.jpgIn Hilts v. Board of Education of Gloversville Enlarged School District , Daniel Hilts sued the Gloversville School District and Carol Edwards, a school nurse, for his daughter's injuries.

Misty slipped and fell on the school's playground, supposedly due to slushy conditions. Carol Edwards and Misty's mother, who worked as a teacher's aid, decided to take the child to a hospital. Misty's mother left the child with Edwards and went to retrieve the car. Thinking that Misty could enter the vehicle on her own accord, Carol released the child causing Misty to fall once again and injure her ankle.

When Edwards and the School District asked for the case's dismissal, the Fulton County Supreme Court denied the request.

On appeal, the Appellate Division, Third Department, found when Edwards opted to assist the kid, the nurse assumed a duty to "act with reasonable care or be subject to liability for negligent performance." Since there was conflicting testimony as to whether Edwards "prematurely released the child and caused her to fall a second time," the case will proceed to trial.

Anyone teary-eyed over that?

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To download a copy of the Appellate Division's decision, please use this link: Hilts v. Board of Education of Gloversville Enlarged School District

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