JOHN v. GREAT NECK UNION FREE SCHOOL DISTRICT (2007)

Supreme Court, Appellate Division, Second Department, New York.

Brian William JOHN, etc., appellant, v. GREAT NECK UNION FREE SCHOOL DISTRICT, respondent.

Decided: July 10, 2007

ROBERT W. SCHMIDT, J.P., FRED T. SANTUCCI, PETER B. SKELOS, and RUTH C. BALKIN, JJ.

Landers & Cernigliaro, P.C., Carle Place, N.Y. (Frank G. Cernigliaro of counsel), for appellant. Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Christine Gasser of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.), entered June 26, 2006, which, upon a jury verdict on the issue of liability in favor of the defendant, dismissed the complaint.

ORDERED that the judgment is affirmed, with costs.

The trial court properly denied the plaintiff's request to charge the jury that the defendant was under a duty to use special skill and care as set forth in PJI 2:15 (see Krey v. Board of Educ. of Scarsdale Union Free School Dist., 202 A.D.2d 397, 608 N.Y.S.2d 689). The plaintiff failed to show that the defendant relied on its employee's special skills in the performance of her job (see PJI 2:15). Furthermore, the plaintiff failed to provide sufficient evidence of the standard of care applicable to the employee in her profession (see De Maria v. Renee Operating Corp., 282 App.Div. 221, 122 N.Y.S.2d 236).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law