Emergency Splenectomy Case Study

In 2004, a fifth grade student was pushed from behind by another fifth grade student while in the boy's locker room at the middle school where he attended school. The incident caused him to hit his head and abdomen on a nearby locker and bench and to sustain personal injuries resulting in an emergency splenectomy. The student’s mother alleged that her son's injuries were the result of negligent supervision. A summary judgment was handed down dismissing the complaint and the mother appealed.
Issue
The New York Supreme Court stated that a school has a duty to adequately supervise its students, it is not an insurer of those students' safety. A school is liable only for “foreseeable injuries sustained by a student that were proximately caused