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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

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