Torts Keyed to Epstein
Uhr v. East Greenbush Central School District
Facts
Plaintiff was inflicted by scoliosis. The New York Education Law Article, Section 905 requires school authorities in New York to examine students between ages eight and sixteen for scoliosis at least once a year. In the 1992-1993 school year, Plaintiff was screened for scoliosis, but the test was negative. In the following year, Plaintiff was not screened. However, in 1995, as a ninth grader, an examination for scoliosis illustrated that she had the infliction. An examination by an orthopedic doctor concluded that her scoliosis had progressed to the point that surgery was required, instead of the braces that can often be utilized when the condition is diagnosed earlier. Plaintiff sued the Defendant under Section 905 and for common law negligence.
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