Summary Judgment Granted for Michael Krall in Supreme Nassau

Attorney Michael Krall’s motion for summary judgment was granted and the case against the defendant school district and defendant school bus company were dismissed.  The case involved two students who were claiming injuries as a result of an incident that occurred while the bus was being loaded at the end of the school day.  Two students were involved in an altercation as the bus sat waiting to depart school grounds.  Plaintiff one was one of the parties involved in the altercation.  Plaintiff two was a student who was injured when she was struck by errant punches of one of the participants in the altercation.   The Court granted the summary judgment motion holding that there was no admissible evidence to suggest that this was more than an isolated incident that occurred just as the bus was filling up in preparation to depart or evidence that defendants had the opportunity to intervene on plaintiffs behalf during the swift altercation.  The court also held that there was no probative evidence that the students involved had a known disciplinary record for violent behavior.    The court held that the school bus company was not liable because they did not have notice of a contentious relationship between the two students and the school bus regulations do not permit the driver from physically restraining student passengers.

       
 

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