In a personal-injury lawsuit filed against the City of New York, and the New York City Board of Education, Stagg alleged that the defendants failed to provide "adequate security and to protect students from foreseeable criminal activity."
The Kings County Supreme Court granted a motion made by both the City and the Board to dismiss the case as against them and the Appellate Division, Second Department, affirmed that outcome on appeal.
The AD2 noted that under current law, a school's liability for a student's injuries only arises when the institution has "physical custody and control over a child." Once the minor leaves the boundaries of the school's property, or when custody is relinquished "'in such a way that the parent is perfectly free to reassume control over the child's protection, the school's custodial duty ceases ....'"
Since the incident occurred outside of the school's "orbit of authority," a negligence case could not be maintained as against the Board. And, because the municipality assumed no special duty to protect the child from criminal activity, the AD2 also upheld the propriety of the case's dismissal as against the City.
It doesn't look like the Staggs will be hosting a party to celebrate that outcome.
"Last stop!"
For a copy of the Appellate Division's decision, please use this link: Stagg v. City of New York