Dodgeball Injury|Was Unavoidable

     NEW YORK CITY (CN) – No amount of supervision could have prevented a child’s injury during a game of dodgeball in gym class, the New York Appellate Division ruled.

     The lower court had denied the school’s motion for summary judgment, stating there were triable questions of fact as to whether the injury could have been avoided through closer supervision by the gym teacher.
     Since the child was hurt by tripping over a classmate’s foot, the appellate division found that the injury happened so quickly that it could not be prevented.

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