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Milbrand v. Kenmore-Town of Tonawanda Union Free School District

N.Y. App. Div.March 21, 2008Cited 3 times
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court reversed the lower court's denial of summary judgment and granted summary judgment for the school district, finding that the plaintiff failed to establish a breach of the school's duty to supervise or that the school used inappropriate equipment for the tape ball game.

What This Ruling Means

# Milbrand v. Kenmore-Town of Tonawanda Union Free School District ## What Happened A worker filed a negligence lawsuit against the Kenmore-Town of Tonawanda Union Free School District after an incident involving a tape ball game. The worker claimed the school was careless in how it supervised the activity and that it used inappropriate equipment for the game. ## What the Court Decided A higher court sided with the school district. The court found that the worker failed to prove the school had actually broken its duty to properly supervise the activity. The court also found no evidence that the equipment used was inappropriate. Because of this, the court ruled in favor of the school district without needing a full trial. ## Why This Matters for Workers This case shows that employers have responsibilities to supervise activities and use safe equipment, but workers must provide solid evidence of wrongdoing. Simply claiming negligence isn't enough—workers must demonstrate that their employer actually failed in a specific duty and that this failure caused their injury. This ruling reinforces that employers can successfully defend themselves when workers cannot show clear proof of carelessness.

This summary was generated to explain the ruling in plain English and is not legal advice.

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