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DAY CARE CENTER’S MOTION FOR SUMMARY JUDGMENT IN THIS NEGLIGENT SUPERVISION CASE PROPERLY DENIED (SECOND DEPT).

The Second Department determined defendant day care center’s motion for summary judgment in this negligent supervision case was properly denied. The infant plaintiff allegedly was injured while in the care of the day care center. The facts were not described:

The defendant, as a provider of day care services, was under a duty to adequately supervise the children in its charge and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision … . “A plaintiff is not required to exclude every other possible cause, but need only offer evidence from which proximate cause may be reasonably inferred. [The p]laintiff’s burden of proof on this issue is satisfied if the possibility of another explanation for the event is sufficiently remote or technical to enable the jury to reach its verdict based not upon speculation, but upon the logical inferences to be drawn from the evidence” … .

Here, the defendant failed to establish, prima facie, that the infant plaintiff’s injuries were not proximately caused by its negligence. The defendant’s submissions failed to negate a reasonable inference that the injury occurred at the defendant’s day care center and that the defendant failed to provide adequate supervision … . A.D.G. v Children’s Ark Daycare Ctr., Inc., 2019 NY Slip Op 05959, Second Dept 7-31-19

 

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