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Chiapetta v. Bethpage UFSD
Ahmuty, Demers & McManus represented the Bethpage UFSD in a jury trial in Supreme Court, Nassau County. Plaintiff was a 6th grade middle school student running a lap around the football field as part of her gym class at the JFK Middle School when she claims that she stepped in a depression in the grass. The claims were negligent supervision by the gym teacher and failure to maintain the grass so that it was level.
Other than from photographs plaintiff was never able to describe where the depression was located. The nurse's accident report indicated that the accident occurred at the rear of the school building and not on the field. We argued to the jury that the accident did not happen where it was claimed and that even if it did the depression in the grass was insignificant and was the type of condition that we all navigate everyday.
The jury rendered a unanimous verdict that the School District was not negligent.
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