After he was pushed by a classmate, second grader Josh Tanenbaum filed a negligence case against the Minnesauke Elementary School (and others) after he fell and hit his face on a cafeteria bench. (The Tanenbaums claimed the school failed to properly supervise the youngster.)
When the Suffolk County Supreme Court dismissed their case, the Tanenbaums appealed.
Because a cafeteria monitor had been present, warned the kids to curb their running, and, was only "one or two seconds away" when the accident occurred, the Appellate Division, Second Department, thought the children had been appropriately supervised and no liability for the incident had been triggered.
Hidey-ho!
To view a copy of the Appellate Division's decision, please use this link: Tanenbaum v. Minnesauke Elementary School