Stacey Gorny Obtains Summary Dismissal of Negligent Supervision Claims

Senior Counsel, Stacey Gorny, obtained summary judgment and dismissal of all claims against a bus company in Supreme Court, Nassau County, with regard to claims of negligent supervision.  In that case, the infant Plaintiff alleged that she was the victim of a sexual assault by another student, while riding on the school bus.  In granting a complete dismissal of all claims to her client, the Court determined that (i) the bus company did not have sufficiently specific knowledge of notice of the dangerous conduct which caused injury to the infant Plaintiff, (ii) the actions committed by the offender were third party acts that could not have been anticipated by the bus company, (iii) the bus company had no prior actual or constructive notice of any prior similar conduct by the offender and (iv) that the actions committed were caused by an impulsive, unanticipated act of a fellow student.   In its decision, the Court further determined that the Plaintiffs (and the Plaintiffs’ school safety expert) failed to raise any triable issues of fact in opposition to the motion.  In that regard, the Court noted specifically, that the expert’s conclusions were not based upon foundational facts in evidence, that his credentials did not indicate any study in child development, child behavior or psychology, and that ultimately, his conclusions were rendered speculative against school bus company.


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