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Questions of Fact Re: Whether School Owed Duty of Care to Student Struck by a Car While Playing Tag Five Minutes Before School Began and Whether a Breach of that Duty Proximately Caused the Injury

The First Department determined there were issues of fact raised concerning the school's duty to the plaintiff, an eighth grade student, after he was discharged from a school bus five minutes before school began.  The student was struck by a car when he darted or was pushed into the street while playing tag:

Although the driver of the car was not negligent in causing the accident …, the record presents issues of fact as to whether defendant [board of education] owed a duty of care to protect the infant plaintiff from traffic hazards after he was discharged by the school bus in front of the school, five minutes before the school day would begin …, and whether that duty was breached by the school's failure to provide adequate safety measures, such as traffic barricades, proximately causing the injury … . Mamadou S v Feliciano, 2014 NY Slip OP 08909, 1st Dept 12-23-14

 

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