ipl-logo

Court Case Background: Flanagan Vs. Canton Cent

1007 Words5 Pages

Citation: Flanagan vs. Canton Cent. Sch. Dist., 58 A.D. 3d 1047 (2009).

Parties: Sharon Flanagan, Parent and Guardian of Brendan Flanagan - Appellant Canton Central School District - Respondent

Facts: In 2004, Brendan Flanagan was a fifth grade student at Canton Middle School. On one particular day, Flanagan's gym class was acting rowdy and out of control. As a result, the teacher stopped class early to lecture the students about their behavior. After the lecture, the class was dismissed and sent to the locker room to change before their next class. While in the locker room, Flanagan was pushed from behind, fell into a gym locker and onto a bench where he hit his head and abdomen which resulted in an emergency splenectomy. …show more content…

(Flanagan vs. Canton Cent. Sch. Dist., 2009). However, on the day Brendon Flanagan was injured, the teacher had to suspend class activities and lecture the students because of their rowdy behavior. The teacher owed a greater duty of care to the students and because of the rowdy behavior, should have foreseen the need to supervise the students inside the locker room. For these reasons, the Appellate Division, Third Department reversed the trial court's decision.
Decision: Reversed , on the law, with costs and motion denied.
References

Flanagan vs. Canton Cent. Sch. Dist., 58 A.D. 3d 1047 (2009).
Jill K. Osborne, E. (2012, April). Teacher Tort Liability. Retrieved from Udall Shumway & Lyons: http://www.udallshumway.com/wp-content/uploads/2011/07/Teacher-Tort-Liability.pdf
LaPage vs. Evans, 37 A.D. 3d 1019 (2007).
Okrent, C. J. (2015). Torts and Personal Injury Law. United States: Cengage Learning.
Rose v. Onteora Cent. School Dist., 52 A.D. 3d 1161 (2008).
Russo, C. J. (2014, Jul / Aug). Negligence, Student, Supervision and School Business Officials. Retrieved from asbointl.org: http://www.naylornetwork.com/asb-nwl/pdf/SBA-JulyAugust_2014_Negligence,__Student_Supervision,_and_SBOs.pdf
Wood vs. Watervliet City School Dist., 30 A.D. 3d 663

Show More
Related

  • Court Case Of Silas Manning And Willie Barker

    546 Words  | 3 Pages

    A. Facts of case Silas Manning and Willie Barker were arrested in 1958 due to murders of an elderly couple. The prosecutor believed that he had a stronger case against Manning. For this reason, he hoped to use Manning's trial testimony to convict Barker. They asked for a continuance of Barker's trial so that Manning's trial could be completed. Barker did not object to the continuance request (Find Law, n.d.).

    Read More

  • Alton Logan Court Case

    557 Words  | 3 Pages

    Alton Logan was at age 28 when he was arrested and charged for a murder that occurred on January 11, 1982. The fatal shooting of Lloyd Wickliffe, who was an off-duty corrections officer passing by as a security guard, happened during a robbery attempt at a McDonald’s restaurant in the suburbs of Chicago. Mr. Logan was sentenced to life in prison even though there was no physical evidence linking him to the murder. Two other separate attorneys knew that he was innocent because one of their clients confessed to them privately that he murdered the security officer. He was an innocent person who winded up spending 26 years of his life in prison.

    Read More

  • Stephen Murray Research Paper

    1301 Words  | 6 Pages

    Stephen Murray 's Life And His Impact On The Sport Of BMX The purpose of my essay is to inform the reader of Stephen Murray’s story on his life and how even though he has been paralyzed from the neck down he is still a positive person. It is also to inform about Stephen 's organization “STAY STRONG”, and how it has helped other bmx riders in similar situations. I plan to discuss Stephen Murray 's life before and after his accident and the technology that helps him live, and his impact on Action Sports.

    Read More

  • Mr. Ire Case Summary

    1049 Words  | 5 Pages

    Case 4: Mr. Ire, a science teacher, became enraged at the incompetent performance of a student during a laboratory experiment and knocked the student to the ground with such force that the student required medical attention. 505-6-.01 Standard 2: Conduct with Students - An educator shall always maintain a professional relationship with all students, both in and outside the classroom. Unethical conduct includes but is not limited to: 1. committing any act of child abuse, including physical and verbal abuse; 2. committing any act of cruelty to children or any act of child endangerment; 3.

    Read More

  • What To Do About Mrs. Carmichael Case Summary

    1031 Words  | 5 Pages

    “What to Do About Mrs. Carmichael” Kiranjeet Singh Kaur Student ID 1725920 Fairleigh Dickinson University, Vancouver Campus Case Write Up 2 01/April/2016   Summary Municipal Redevelopment Agency (MRA) has appointed an assistant project director with two specialists, with the responsibility of determining which houses in an older community qualify for either a renovation grant or demolition. One home that qualifies based upon building codes for demolition belongs to 82-year woman named Mrs. Carmichael. She has lived in the home for last 30 years and the mortgage has been paid off, but due to her neglect in repairing because of the decrease in the value of money from year to year, condition of the house became worse and according to the standards it has to be demolished. However, Harmon, one of the specialist, doesn’t feel so good about it and want to make some exception, whereas the other specialist, Franklin, insists that you cannot go around making exceptions.

    Read More

  • Helen Canton Case Summary

    409 Words  | 2 Pages

    Helen Canton seems to have done one thing correct when she exercised her right to leave the policy idea on the agenda, but postpone negotiations until later. This gives all members time to think about what Helen proposed. In addition, it will allow Helen Canton time to further research her idea and see if she can devise a better plan of action to persuade her fellow members at their next DA meeting. I believe needs to incorporate a situational leadership style to her role because Helen will need to be less rigid and more persuasive in her approach and show the ability to remain flexible and adaptable always to any situation that arises within her work environment (Laureate Education, 2010). I didn’t feel from the facts the case provided that Helen Canton was thoroughly prepared in introducing the idea of the policy.

    Read More

  • Jacob Winkleman Case Summary

    806 Words  | 4 Pages

    The Winkelmans’ were seeking reversal of the decision and reimbursement for the private school expense, attorney fees and declaratory

    Read More

  • Personal Narrative: My Clinical Observation In The Classroom

    851 Words  | 4 Pages

    My goal with standard six involved observing how my clinical teacher handled liabilities and how he interacted with co-workers and myself. I felt that it was important to look for these qualities, because they are important in the professional environment. How you handle legal responsibilities is not only important for the school, but also for the students. IEPs need to be addressed so that a quality education can be provided. Also, how a teacher interacts with coworkers can play into their hierarchal place amongst colleagues.

    Read More

  • Otto Warmbier Informative Speech

    462 Words  | 2 Pages

    Otto Warmbier dies days after returning to the United States Otto Warmbier, an American college student, was released after being imprisoned in North Korea for 17 months. Afterwards, he died a week later at the University of Cincinnati Medical Centre. On January 2nd, 2016, Warmbier was arrested at the Pyongyang Airport for allegedly stealing a propaganda poster from his hotel room. In a one-hour trial, he confessed to stealing the poster.

    Read More

  • Tort Case Study: Health Care Law

    1368 Words  | 6 Pages

    Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

    Read More

  • My Freshman Year Essay

    963 Words  | 4 Pages

    Freshman year of high school, well it wasn’t really a high school it’s more of a school for just a freshman. What a wonderful time it was, not having a an outrageous amount of homework and uptight teachers. My freshman year consisted of mostly of advanced classes, such as Geometry, honors English and Spanish. Spanish? Really that class is easy, some of you might say when reading it.

    Read More

  • Bruce Jenner Research Paper

    1211 Words  | 5 Pages

    Bruce Jenner is a man whose life is quite ironic. Even though he was one of the world’s greatest athlete and a father figure to many children, Bruce Jenner took a big step in his life and came out as a woman, not too long ago. His prominent life is distinguished among the celebrities, because his story is so different from the rest. Bruce Jenner, being 65 years old, definitely has a story to tell.

    Read More

  • Essay On Classroom Accountability

    491 Words  | 2 Pages

    In my workplace crucial accountability, as described by Patterson, Grenny, McMillan, Switzler, and Maxwell (2013), is a challenging practice within our department of math teachers and in the school administration in general. I have been the geometry team lead teacher for the past four years and have experienced difficult situations with my superiors and team members in which I have struggled to carry out accountability conversations. On several occasions I have confronted my fears and initiated accountability dialogues with individuals that were not fulfilling their responsibility as part of our geometry team and to my astonishment have discovered the benefits that have resulted if conversations were directed constructively. Patterson et al.

    Read More

  • Infiltrated Incident Reporting

    613 Words  | 3 Pages

    This event occurred in upstate New York. New York law protects incident reports from public disclosure but has the right to make punitive action against those who do not report (Weinberg, Hillborne, Nguyen, 2005). It is also mandatory to inform the patient of the details of the event. New York has implemented a tracking system called, New York Patient Occurrence Reporting and Tracking System to collect information surrounding adverse events; this system is also used to advanced patient safety initiatives. Adverse patient occurrence reports should be filed immediately to create the most detailed and accurate report of the event.

    Read More

  • Categories Of Teacher Misbehavior

    2184 Words  | 9 Pages

    Categories of teacher misbehavior described from poor time management to being inaccessible to students outside of class. Poor time management includes tardiness for class, early dismissal, not showing up for class, cancelling class without notification, and keeping the class overtime. These misbehaviors address the issue of teacher’s punctuality and absenteeism. Teachers in this category are represented as insensitive to the time demands placed on students. The following three categories, unprepared/disorganized, unprofessional teaching and straying from the subject emphasize teacher professional incompetence.

    Read More

More about Court Case Background: Flanagan Vs. Canton Cent

Open Document