FLANAGAN v. CANTON CENTRAL SCHOOL DISTRICT


58 A.D.3d 1047 (2009)

871 N.Y.S.2d 775

SHARON FLANAGAN, Individually and as Parent and Guardian of BRENDAN FLANAGAN, an Infant, Appellant, v. CANTON CENTRAL SCHOOL DISTRICT, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

January 22, 2009.


Malone Jr., J.

In October 2004, Brendan Flanagan, then in fifth grade, was pushed from behind by another fifth grade student while in the boy's locker room of defendant's middle school. The incident caused Flanagan to hit his head and abdomen on a nearby locker and bench and to sustain personal injuries that ultimately necessitated an emergency splenectomy. Plaintiff, Flanagan's mother, then commenced this action alleging that her son's injuries were the result of...

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