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Verbal Bullying Alone is Insufficient for Constructive Notice of Assault

Posted in on October 1, 2015

The First Department in Emmanuel v. City of New York, affirmed the lower courts finding that the school district was not liable for negligent supervision, when a seven year old, 2nd Grader was assaulted in class.

The plaintiff had reported to a teacher, on the same day of the assault, that he was being picked on and called names by some of the other students.  The child’s mother had also previously reported to the principal that her child was being bullied, but she never identified the specific bullies.

The First Department, affirming the lower court’s decision, held that there was insufficient evidence of knowledge by the School District of prior physical harm and that the claims of alleged verbal bullying, were insufficient to prove constructive notice of the potential physical assault.  Read more…

By Rosa M. Feeney, Esq

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