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Educator must establish ?the existence of a special relationship? to receive damages for injuries resulting from a fight involving students

Educator must establish ?the existence of a special relationship? to receive damages for injuries resulting from a fight involving students
Zimmerman v City of New York, 2010 NY Slip Op 04654, Decided on June 1, 2010, Appellate Division, First Department

April Zimmerman, a New York City School District school psychologist, sued the District after she sustained a personal injury flowing from an altercation between two students.

The Appellate Division dismissed her petition, holding that Zimmerman failed to allege, or prove, the existence of a special relationship that would establish an affirmative duty on District's part to her benefit.

The court decided that ?There was no evidence that the Board of Education had undertaken any specific security measures for ? Zimmerman's exclusive benefit beyond the general security for which it was responsible.?

In dismissing her claim, the court observed that there was no evidence that Zimmerman ?justifiably relied on any security measures or other assurances so as to lull her into a false sense of security or a belief that such measures were specifically intended for her exclusive benefit.?

The decision suggests that had Zimmerman demonstrate that she had contacted District officials so that the Board might have alerted to the need for ?enhanced protection under the circumstances,? she might have had a better chance of success in her lawsuit.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04654.htm

Full post as published by New York Public Personnel Law on June 03, 2010 (boomark / email).