Toni Scarito sued her son's school to recover damages for injuries he sustained while playing "speed soccer." (That's where two teams, made up of three players, try to score as many points as possible in a single minute.)
Apparently, Anthony was kicked in the shin by another student when they both approached the ball at the same time.
The Richmond County Supreme Court initially thought the case should be dismissed because the school demonstrated that Anthony's injuries were caused by another student's accidental conduct and, even with the most intense supervision, the incident couldn't have been prevented due to its suddenness.
When Scarito later asked the Court to reconsider its decision -- claiming the Court hadn't addressed her argument that the school was reckless for failing to equip the students with shin guards -- she submitted evidence which showed that the Federation Internationale de Football Association and the United States Soccer Federation both had rules which mandated shin guards.
After her request was granted, and the litigation was reinstated, St. Joseph appealed to the Appellate Division, Second Department, which reversed.
The AD2 thought the record was devoid of any "competent proof" the federations' guidelines were applicable to middle school settings.
No goal scored there.
