Guerriero Ex Rel. Guerriero v. Sewanhaka Central High School District
150 A.D.3d 831
| N.Y. App. Div. | 2017Background
- Infant plaintiff (by mother) sued Floral Park Memorial High School and Sewanhaka Central High School District after a classmate punched him in class.
- Incident occurred while students were entering the classroom; plaintiff says it lasted ~1½–2 minutes, with the classmate blocking the doorway, pushing him, following him, and striking him after repeated requests to stop.
- Plaintiff had previously, about one month earlier, told the teacher that the same classmate had been pushing and slapping him in class.
- Defendants moved for summary judgment dismissing the complaint; the Supreme Court denied the motion; defendants appealed.
- Appellate Division granted summary judgment dismissing claims against the School (Floral Park) because it is not a suable legal entity, but denied summary judgment as to the School District on negligent supervision and proximate cause.
- The court limited the mother’s derivative damages claim: defendants established prima facie no loss of services, so only medical-expenses claim remained triable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Floral Park High School is a suable legal entity | School may be liable as a named defendant | School is not a legal entity that can be sued | Floral Park High School is not a legal entity; claims against it dismissed |
| Whether School District was negligent in supervising (foreseeability/notice) | School knew or should have known of classmate’s prior misconduct; therefore attack was foreseeable | Attack was spontaneous/unforeseeable; no prior notice of propensity | Triable issues: plaintiff’s prior report to teacher created a question of notice; summary judgment denied to district on negligence |
| Whether alleged lack of supervision was proximate cause (speed/spontaneity) | Teacher had opportunity to prevent attack during 1½–2 minutes; negligence could be proximate cause | Incident was too sudden for supervision to prevent; not proximate cause | Triable issues exist: incident was not so instantaneous that supervision couldn’t have prevented it; summary judgment denied on proximate cause |
| Mother’s derivative claim for loss of services and medical expenses | Mother seeks damages for medical expenses and loss of services | Defendants showed mother had no loss-of-services damages | Defendants established prima facie no loss-of-services; only medical-expenses portion of derivative claim remained for trial |
Key Cases Cited
- Mirand v. City of New York, 84 N.Y.2d 44 (N.Y. 1994) (schools liable for negligent supervision only when conduct was foreseeable and proximate cause is shown)
- Convey v. City of Rye School Dist., 271 A.D.2d 154 (App. Div. 1999) (actual or constructive notice of prior similar conduct generally required; unforeseeable spontaneous acts not actionable)
- Timothy Mc. v. Beacon City Sch. Dist., 127 A.D.3d 826 (App. Div. 2015) (standard comparing school supervision to a reasonably prudent parent and foreseeability requirement)
- Alvarez v. Prospect Hosp., 68 N.Y.2d 320 (N.Y. 1986) (defendant must meet prima facie burden on summary judgment before court examines opposing papers)
- Janukajtis v. Fallon, 284 A.D.2d 428 (App. Div. 2001) (no supervisory-liability for injuries where plaintiff voluntarily entered fight)