ipl-logo

Court Case Background: Flanagan Vs. Canton Cent

1007 Words5 Pages

Citation: Flanagan vs. Canton Cent. Sch. Dist., 58 A.D. 3d 1047 (2009).

Parties: Sharon Flanagan, Parent and Guardian of Brendan Flanagan - Appellant Canton Central School District - Respondent

Facts: In 2004, Brendan Flanagan was a fifth grade student at Canton Middle School. On one particular day, Flanagan's gym class was acting rowdy and out of control. As a result, the teacher stopped class early to lecture the students about their behavior. After the lecture, the class was dismissed and sent to the locker room to change before their next class. While in the locker room, Flanagan was pushed from behind, fell into a gym locker and onto a bench where he hit his head and abdomen which resulted in an emergency splenectomy. …show more content…

(Flanagan vs. Canton Cent. Sch. Dist., 2009). However, on the day Brendon Flanagan was injured, the teacher had to suspend class activities and lecture the students because of their rowdy behavior. The teacher owed a greater duty of care to the students and because of the rowdy behavior, should have foreseen the need to supervise the students inside the locker room. For these reasons, the Appellate Division, Third Department reversed the trial court's decision.
Decision: Reversed , on the law, with costs and motion denied.
References

Flanagan vs. Canton Cent. Sch. Dist., 58 A.D. 3d 1047 (2009).
Jill K. Osborne, E. (2012, April). Teacher Tort Liability. Retrieved from Udall Shumway & Lyons: http://www.udallshumway.com/wp-content/uploads/2011/07/Teacher-Tort-Liability.pdf
LaPage vs. Evans, 37 A.D. 3d 1019 (2007).
Okrent, C. J. (2015). Torts and Personal Injury Law. United States: Cengage Learning.
Rose v. Onteora Cent. School Dist., 52 A.D. 3d 1161 (2008).
Russo, C. J. (2014, Jul / Aug). Negligence, Student, Supervision and School Business Officials. Retrieved from asbointl.org: http://www.naylornetwork.com/asb-nwl/pdf/SBA-JulyAugust_2014_Negligence,__Student_Supervision,_and_SBOs.pdf
Wood vs. Watervliet City School Dist., 30 A.D. 3d 663

Show More
Related
557 Words | 3 Pages

Alton Logan was at age 28 when he was arrested and charged for a murder that occurred on January 11, 1982. The fatal shooting of Lloyd Wickliffe, who was an off-duty corrections officer passing by as a security guard, happened during a robbery attempt at a McDonald’s restaurant in the suburbs of Chicago. Mr. Logan was sentenced to life in prison even though there was no physical evidence linking him to the murder. Two other separate attorneys knew that he was innocent because one of their clients confessed to them privately that he murdered the security officer. He was an innocent person who winded up spending 26 years of his life in prison.

Read More
806 Words | 4 Pages

The Winkelmans’ were seeking reversal of the decision and reimbursement for the private school expense, attorney fees and declaratory

Read More
1301 Words | 6 Pages

Stephen Murray 's Life And His Impact On The Sport Of BMX The purpose of my essay is to inform the reader of Stephen Murray’s story on his life and how even though he has been paralyzed from the neck down he is still a positive person. It is also to inform about Stephen 's organization “STAY STRONG”, and how it has helped other bmx riders in similar situations. I plan to discuss Stephen Murray 's life before and after his accident and the technology that helps him live, and his impact on Action Sports.

Read More
158 Words | 1 Pages

Once upon a time, there was a morose dejected old man named Mr. Johnson who was a sixth grade teacher at a meager middle school in Quakertown. Mr. Johnson loved to subdue his students because he was not a receptive person. Mr. Johnson especially loved to subdue the students that were a big nuisance in his classroom and he did not care if he had to have a brusque attitude towards them even if it meant it would anguish his students. Mr. Johnson even got so frustrated at a student the day before christmas break that he ended up mauling the student. Sadly, this meant poor little Henry had to stay in the hospital for three days with a broken left leg.

Read More
1368 Words | 6 Pages

Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

Read More
1031 Words | 5 Pages

“What to Do About Mrs. Carmichael” Kiranjeet Singh Kaur Student ID 1725920 Fairleigh Dickinson University, Vancouver Campus Case Write Up 2 01/April/2016   Summary Municipal Redevelopment Agency (MRA) has appointed an assistant project director with two specialists, with the responsibility of determining which houses in an older community qualify for either a renovation grant or demolition. One home that qualifies based upon building codes for demolition belongs to 82-year woman named Mrs. Carmichael. She has lived in the home for last 30 years and the mortgage has been paid off, but due to her neglect in repairing because of the decrease in the value of money from year to year, condition of the house became worse and according to the standards it has to be demolished. However, Harmon, one of the specialist, doesn’t feel so good about it and want to make some exception, whereas the other specialist, Franklin, insists that you cannot go around making exceptions.

Read More
462 Words | 2 Pages

Otto Warmbier dies days after returning to the United States Otto Warmbier, an American college student, was released after being imprisoned in North Korea for 17 months. Afterwards, he died a week later at the University of Cincinnati Medical Centre. On January 2nd, 2016, Warmbier was arrested at the Pyongyang Airport for allegedly stealing a propaganda poster from his hotel room. In a one-hour trial, he confessed to stealing the poster.

Read More
1211 Words | 5 Pages

Bruce Jenner is a man whose life is quite ironic. Even though he was one of the world’s greatest athlete and a father figure to many children, Bruce Jenner took a big step in his life and came out as a woman, not too long ago. His prominent life is distinguished among the celebrities, because his story is so different from the rest. Bruce Jenner, being 65 years old, definitely has a story to tell.

Read More
409 Words | 2 Pages

Helen Canton seems to have done one thing correct when she exercised her right to leave the policy idea on the agenda, but postpone negotiations until later. This gives all members time to think about what Helen proposed. In addition, it will allow Helen Canton time to further research her idea and see if she can devise a better plan of action to persuade her fellow members at their next DA meeting. I believe needs to incorporate a situational leadership style to her role because Helen will need to be less rigid and more persuasive in her approach and show the ability to remain flexible and adaptable always to any situation that arises within her work environment (Laureate Education, 2010). I didn’t feel from the facts the case provided that Helen Canton was thoroughly prepared in introducing the idea of the policy.

Read More
480 Words | 2 Pages

Additionally, the assistant teacher threatened the students misbehaving, but these turned out to be empty threats, which confirmed in the minds of the students that they could resume playing without

Read More
851 Words | 4 Pages

My goal with standard six involved observing how my clinical teacher handled liabilities and how he interacted with co-workers and myself. I felt that it was important to look for these qualities, because they are important in the professional environment. How you handle legal responsibilities is not only important for the school, but also for the students. IEPs need to be addressed so that a quality education can be provided. Also, how a teacher interacts with coworkers can play into their hierarchal place amongst colleagues.

Read More
640 Words | 3 Pages

The Texas Education Code came into action with the court case of Serafin v. School of Excellence in Education (SEE), when Jessica Serafin brought action against SEE for violating her due process and equal protection when she was injured trying to block the paddle with her hand. Although, the U.S. District Court of the Western District of Texas dismissed the claim the media was aware of the actions and crude punishment-taking place (Gershoff and Font) Not all states have the same view point as Texas, one state in particular Nebraska. Nebraska is not one of the states that agrees with the 1977 ruling of the Ingraham v. Wright case there was a Supreme Court of Nebraska case Daily v. Board of Education of Morrill County regarding corporal punishment in 1999, when (Daily) a teacher struck a seventh grade student. Although, the school district determined that his actions were inappropriate and in violation of the code of conduct the court system concluded that the constitution supports loco parentis, and the actions of Daily.

Read More
963 Words | 4 Pages

Freshman year of high school, well it wasn’t really a high school it’s more of a school for just a freshman. What a wonderful time it was, not having a an outrageous amount of homework and uptight teachers. My freshman year consisted of mostly of advanced classes, such as Geometry, honors English and Spanish. Spanish? Really that class is easy, some of you might say when reading it.

Read More
491 Words | 2 Pages

In my workplace crucial accountability, as described by Patterson, Grenny, McMillan, Switzler, and Maxwell (2013), is a challenging practice within our department of math teachers and in the school administration in general. I have been the geometry team lead teacher for the past four years and have experienced difficult situations with my superiors and team members in which I have struggled to carry out accountability conversations. On several occasions I have confronted my fears and initiated accountability dialogues with individuals that were not fulfilling their responsibility as part of our geometry team and to my astonishment have discovered the benefits that have resulted if conversations were directed constructively. Patterson et al.

Read More
2184 Words | 9 Pages

Categories of teacher misbehavior described from poor time management to being inaccessible to students outside of class. Poor time management includes tardiness for class, early dismissal, not showing up for class, cancelling class without notification, and keeping the class overtime. These misbehaviors address the issue of teacher’s punctuality and absenteeism. Teachers in this category are represented as insensitive to the time demands placed on students. The following three categories, unprepared/disorganized, unprofessional teaching and straying from the subject emphasize teacher professional incompetence.

Read More

More about Court Case Background: Flanagan Vs. Canton Cent

Related Topics

Open Document