Trupia v. Lake George Central School District

927 N.E.2d 547 (2010)

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Trupia v. Lake George Central School District

New York Court of Appeals
927 N.E.2d 547 (2010)

  • Written by Rose VanHofwegen, JD

Facts

Almost 12-year-old Luke Anthony Trupia (plaintiff) was attending a summer program run by the Lake George Central School District (defendant) when he attempted to slide down a bannister and fell, suffering injuries. His parents sued the school district for negligent supervision, alleging Luke had been left completely unsupervised when he fell. The school district moved to dismiss, asserting that Luke assumed the risks involved in sliding down a bannister, including the risk of falling, which he had apparently done before. The trial court granted dismissal, but the appellate court reversed and asked the Court of Appeals of New York to determine the issue on certification.

Rule of Law

Issue

Holding and Reasoning (Lippman, C.J.)

Concurrence (Smith, J.)

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