Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

C.H. v. Rahway Board of Education

Superior Court of New Jersey, Appellate Division

June 19, 2019

C.H., an infant by her Guardian ad Litem, Brenda Cummings, and BRENDA CUMMINGS, individually, Plaintiffs-Appellants,
v.
RAHWAY BOARD OF EDUCATION, RAHWAY MIDDLE SCHOOL, RAHWAY 7TH AND 8TH GRADE ACADEMY, and GARRY MARTIN Defendants-Respondents.

          Argued October 10, 2018

          On appeal from Superior Court of New Jersey, Law Division, Union County, Docket No. L-3701-15.

          Juan C. Cervantes argued the cause for appellants (Forman & Cardonsky, attorneys; Juan C. Cervantes, on the briefs).

          Howard M. Nirenberg argued the cause for respondents (Nirenberg & Varano, LLP, attorneys; Howard M. Nirenberg, of counsel; Sandra N. Varano, on the brief).

          Before Judges Yannotti, Gilson, and Natali.

          OPINION

          GILSON, J.A.D.

         Plaintiff C.H. was injured while playing in a student-teacher fundraising basketball game. She appeals from an August 23, 2017 order granting summary judgment and dismissing her claims against defendants, who were her school, the school board, and a teacher. We affirm because the undisputed facts establish that defendants did not breach a duty of care to plaintiff.

         I

         We take the facts from the summary judgment record and view them in the light most favorable to plaintiff. In June 2013, plaintiff was fourteen years old, in eighth grade, and a member of her school basketball team.

         On June 11, 2013, plaintiff participated in a basketball game in which a team of teachers played against a team of students. The game was an annual fundraising event, and student participation was voluntary. Approximately fifteen teachers and school safety officials and seventeen students participated in the game. The game was officiated by at least one referee. There were also five other teachers who did not play in the game, but attended to provide supervision.

         During the game, plaintiff went up for a rebound, and made contact with defendant Garry Martin, who was a teacher. Plaintiff landed awkwardly, fell, and injured her knee. At her deposition, plaintiff described how her injury occurred:

Everyone swarm[ed] in, but the teacher [came] running down, like, I guess, because he wanted to get the ball, and it was offensive rebound I was going for. And he went up, I went up. But he shoved me, like, to get me out of the way so that he could get the rebound. And when I came down I had to stop myself from falling. And I couldn't plant right.

         Defense counsel questioned plaintiff further as to the details of the events that preceded her injury. Specifically, counsel asked and plaintiff answered:

         [Counsel] [I]f I understood your testimony, when you went up, everybody close to the basket went up also?

[Plaintiff] Yes.
. . . .
[Counsel] So you are going up for the rebound, and contact is made?
[Plaintiff] Yes.
[Counsel] And do you know who made contact ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.