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Torts Keyed to Christie
Uhr v. East Greenbush Central School District Et. Al.
Citation:
94 N.Y.2d 32, 720 N.E.2d 886, 698 N.Y.S.2d 609 (1999)Facts
A student was examined for scoliosis in seventh grade but not in eighth grade. When she was in ninth grade, the student was again tested at school and diagnosed with scoliosis. The student required surgery, which she would not have needed if the scoliosis had been detected earlier. The student and her parents (Plaintiffs) sued the East Greenbush Central School District (Defendant) for negligence and violation of Education Law § 905(1), which requires schools to examine students each year for scoliosis. The Plaintiffs argue that the Defendant negligently failed to diagnose the student in eighth grade. The Defendant filed a motion for summary judgment on the grounds that the statute did not create a private right of action and that the Plaintiffs had failed to sufficient allege negligence.
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17m 8s
