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Uhr v. East Greenbush Cent. Sch. Dist.

Court of Appeals of New York
720 N.E.2d 886 (N.Y. 1999)


Facts

An education statute in the state of New York requires school authorities to examine students between ages eight and sixteen for scoliosis at least once every school year. In the 1992-1993 school year, Uhr (plaintiff), a pupil in the East Greenbush School District (School District) (defendant) was screened for scoliosis. The tests came back negative. She was not screened the following year. Two years later, she was screened again and was found to have a much progressed form of scoliosis that required surgery. Uhr had the surgery, and her parents brought suit on her behalf for common law negligence against the School District. Uhr alleged the School District was negligent in failing to fulfill its obligations under the education law requiring yearly scoliosis screening. The trial court held that Uhr did not have a private right of action.

Rule of Law

Issue

Holding and Reasoning (Rosenblatt, J.)

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