Bertola v. Board of Education

Appellate Division of the Supreme Court of New York

Bertola v. Board of Education

1 A.D.2d 973, 150 N.Y.S.2d 831, 1956 N.Y. App. Div. LEXIS 5725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 23, 1956

StatusPublished

Cited by11 cases

This text of 1 A.D.2d 973 (Bertola v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bertola v. Board of Education, 1 A.D.2d 973, 150 N.Y.S.2d 831, 1956 N.Y. App. Div. LEXIS 5725 (N.Y. Ct. App. 1956).

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Opinion

In an action on behalf of the infant respondent to recover damages for personal injuries and by his father for medical expenses and loss of services, the jury rendered a verdict in favor of respondents against appellants. The infant’s injuries were received when he was assaulted in a public school classroom by a classmate. The teacher in charge of the class, appellant Friedman, was just outside the door of the classroom shepherding the members of the class into the classroom. The negligence alleged is that appellants, having actual and constructive notice of the assaultive propensities of the pupil who committed the assault, failed to take proper methods to curb such propensities and to protect his classmates therefrom. The appeal is from the judgment entered on the verdict. Judgment reversed, on the law and the facts, without costs, and complaint dismissed. The need for closer supervision could not reasonably have been apprehended. (Ohman v. Board of Educ. of City of N. Y., 275 App. Div. 840, affd. 300 N. Y. 306; Peterson v. City of New York, 267 N. Y. 204; Berner v. Board of Educ., 286 N. Y. 174; Clark v. City of Buffalo, 288 N. Y. 62; May v. Board of Educ., Union Free School Dist. No. 1, Town of Mamaroneck, 269 App. Div. 959, affd. 295 N. Y. 948.) Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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In an action on behalf of the infant respondent to recover damages for personal injuries and by his father for medical expenses and loss of services, the jury rendered a verdict in favor of respondents against appellants. The infant’s injuries were received when he was assaulted in a public school classroom by a classmate. The teacher in charge of the class, appellant Friedman, was just outside the door of the classroom shepherding the members of the class into the classroom. The negligence alleged is that appellants, having actual and constructive notice of the assaultive propensities of the pupil who committed the assault, failed to take proper methods to curb such propensities and to protect his classmates therefrom. The appeal is from the judgment entered on the verdict. Judgment reversed, on the law and the facts, without costs, and complaint dismissed. The need for closer supervision could not reasonably have been apprehended. (Ohman v. Board of Educ. of City of N. Y., 275 App. Div. 840, affd. 300 N. Y. 306; Peterson v. City of New York, 267 N. Y. 204; Berner v. Board of Educ., 286 N. Y. 174; Clark v. City of Buffalo, 288 N. Y. 62; May v. Board of Educ., Union Free School Dist. No. 1, Town of Mamaroneck, 269 App. Div. 959, affd. 295 N. Y. 948.) Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

1 A.D.2d 973, 150 N.Y.S.2d 831, 1956 N.Y. App. Div. LEXIS 5725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertola-v-board-of-education-nyappdiv-1956.

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