Sticks and Stones

October 7, 2014

  • 141E Education
  • 141EII Public Primary and Secondary Schools
  • 141EII(E) Pupils or Students
  • 141EII(E)8 Injuries to Pupils or Students
  • 141Ek800 Particular Injuries
  • 141Ek808 Duty to Protect Against Intentional Injuries
  • 141Ek808(3) Injuries by other students

10-07-14Student’s use of words to curtail bullying of another elementary school student was not synonymous with an invitation for bully to physically assault him, and thus did not preclude student from bringing action against school district under negligent supervision theory for injuries sustained when bully physically assaulted him.

Wood v. Watervliet City School Dist., 30 A.D.3d 663