Brooklyn court again against school district in assumption of risk case
Judges Find Phys-Ed Teacher May Have Been Negligent in MMA-Style Tournament
The Appellate Division, Second Department, unanimously ordered that a negligence case against an upstate school district could continue in light of a likelihood of the plaintiff’s success at trial.
High school student Angela Pierre sued the Ramapo Central School District in Rockland County, N.Y., alleging that the school was responsible for Pierre’s injuries incurred during a school sponsored self-defense tournament. Ramapo argued that by voluntarily participating in the school’s self-defense classes, Pierre assumed the risk of injury inherent in the sport.
A Rockland County judge denied the school’s motion to dismiss, causing the district to appeal to the higher Brooklyn appellate court.