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Suit against Board of Education proceeds
October 30, 2006

A Tottenville High School student suffered serious personal injuries when she was struck in the face by a lacrosse ball as she participated in a freshman track practice. The plaintiff brought a law suit against the Board of Education and the City of New York, and both defendant's moved for summary judgment and requested the Court dismiss the claims. The Board of Education argued that because the student was voluntarily participating in an after school sports practice, and was aware that the lacrosse players were using the adjacent field at the time, she had volunarily assumed the risk of this accident. Andrew Pillersdorf, on behalf of the plaintiff, argued that the manner in which this accident ocured was not of a type that would naturally arise out a students participation in a track practice, and that a student particpating in an after school sporting activity can only assume the risks inherent in the sport in which they are participating, not the risks that are created by improper supervision and coordination between the various school sports. The Court agreed with Mr. Pillersdorf and held that the matter should preceed to trial so that a jury may consider whether the school's lack of supervision was a factor in the causing the plaintiff's injuries. The decision was recently reported on in the New York Law Journal as a decision of interest on September 28, 2006 and was covered by the Staten Island Advocate by Frank Donnelly. A link to the Advocates article is provided below.

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