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JERKINS EX REL. JERKINS v. ANDERSON

922 A.2d 1279 (2007)

191 N.J. 285

Joseph JERKINS, an infant by his Guardian Ad Litem, Charles JERKINS; Charles Jerkins and Toni Jerkins, individually, Plaintiffs-Respondents, v. Soweto ANDERSON; Kemba N. Anderson; John Does 1-10 (fictitious individuals) and ABC corporations 1-10 (fictitious entities), Defendants, and Board of Education of Pleasantville Public Schools and Rosemay Clarke, Defendants-Appellants.

Supreme Court of New Jersey.

Decided June 14, 2007.

Attorney(s) appearing for the Case

Gregory J. Giordano, Trenton, argued the cause for appellants (Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey, attorneys; Mr. Giordano and Margaret A. Chipowsky, on the briefs).

Scott K. McClain, Hackensack, argued the cause for respondents (Winne, Banta, Hetherington, Basralian & Kahn, attorneys).

John J. Burns argued the cause for amicus curiae, New Jersey School Boards Association (Cynthia J. Jahn, General Counsel, attorney; Donna M. Kaye, Senior Counsel, on the letter brief).

Chief Justice ZAZZALI delivered the opinion of the Court.

Nine-year-old Joseph Jerkins was dismissed from school on an early-dismissal day, walked off school grounds without an adult, and was struck by a car a few blocks from school later that afternoon. The accident paralyzed Joseph from the neck down. He and his family filed a complaint alleging that the school district and principal breached their duty of reasonable supervision with respect to Joseph's dismissal...

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