Claim That More Intense Supervision By School Would have Prevented Student's Injury Dismissed

Last week a Nassau County Supreme Court Justice dismissed a lawsuit against the Sewanhaka Central High School brought on behalf of a student who seriously injured himself while engaged in some hallway horseplay. In an attempt to simulate a basketball "slam dunk" the student jumped up over the head of another student to slap the wall. He missed the wall. Instead, the student slapped a glass display panel door which shattered and lacerated the student's hand. Plaintiff's counsel argued that the panel should have been constructed of safety glass per State codes and that the school failed to properly supervise the student's gathered at the accident site.

The Court rejected plaintiff's claim holding that: 1) the glass panel was not inherently dangerous and the State code relied on applied only to gymnasiums and playrooms - not hallways; 2) there was no proof submitted that the school was aware of any dangerous condition presented by the glass panel; 3) plaintiff had not presented evidence that "more intense supervision would have prevented the accident" which occurred in less than 7 seconds; and, 4) the student's conduct was unreasonable, unforeseeable and unpreventable. R.B. v Sewanhaka Cent. High Sch. Dist., Sup. Ct., Nassau County, Index No. 605410/18

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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