I empathize with the mother of this special needs student. I really do. But unfortunately, this case is another example of why many (if not most) negligent supervision cases against schools are ultimately dismissed.

In Abadia v. City of New York, the plaintiff, who was a special needs student at a NY City Public School, was sexually assaulted by 2 other students who were members of the school's band. Interestingly, although the defendants admitted that the assailants' disciplinary history included assault of a police officer several weeks before (as well as other assorted disciplinary problems), that alone was insufficient to put the defendants on notice such that they could be held liable for the sexual assault in question. Consequently, the Kings County trial court dismissed the case.

Unfortunately for this particular child, I think this decision will likely be upheld on appeal.

Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer
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