Neves v. Katonah-Lewisboro School District
Court: Appellate Division of the Supreme Court of the State of New York; May 28, 2014; New York; State Appellate Court
In a personal injury case, the plaintiff appealed an order from the Supreme Court of Westchester County that granted the Katonah-Lewisboro School District's motion for summary judgment, effectively dismissing the complaint against the District. The plaintiff was not aggrieved by the dismissal of the second and sixth causes of action as that portion was made upon his consent; therefore, his appeal regarding these aspects was dismissed. The plaintiff attended a CDL certification class for bus drivers, taught by Frank Moore, who was employed by the District but not in a capacity related to the course. The plaintiff was injured during a demonstration involving a smoke bomb, which Moore used to simulate an emergency. The plaintiff's complaint included claims against Moore and the District, with specific allegations: the second cause of action claimed strict liability under Vehicle and Traffic Law § 388, the fourth claimed liability via respondeat superior, and the sixth alleged negligent supervision. The District's motion for summary judgment successfully demonstrated that it did not sponsor the CDL course and that Moore conducted it independently. The court found that the District had no control over Moore's actions since he was not acting within the scope of his employment and had no knowledge of the course's curriculum. Consequently, the District was entitled to summary judgment on the negligent supervision claim as well, as the plaintiff did not present sufficient evidence to dispute the District's position. The order was affirmed in part, with the plaintiff responsible for costs, and the appeal regarding the portions made by consent was dismissed. The ruling was concurred by Justices Mastro, Skelos, Cohen, and LaSalle.