Stephanie Irizarry by her m/n/g Lisette Irizarry v. Valley Stream UFSD
Supreme Court, NassauCounty

Facts:

Elementary school student outside on playground during lunch recess. Playing tag, coming down the slide.   At the bottom of the slide she stands up and claims to trip/fall over due to a hole or depression in the wood chips surrounding the slide and other playground equipment.

Plaintiff's position:

Wood chips were not properly maintained and there was an insufficient amount of wood chips.

Client's position:

Wood chips were replenished at the start of every school year; the ground cover was inspected and regroomed on an ongoing basis as needed; and the entire staff at the Dever School were charged with responsibility to report any deficiencies or problems, this included, gym teachers, lunch aides, teachers supervising lunch recess as well as, the custodial staff

Critical Issues:

Case likely turned on the fact that the student reported to being pushed off the end of the slide by another student to the school nurse immediately after the accident. She never mentioned a hole or depression causing her to fall.

Result:

Defense verdict.