The family of a 13-year-old Bronx student who suffered a broken jaw when a fellow student slugged him outside school grounds has had its personal injury suit against New York City dismissed by an appellate panel that found school officials could not be held liable for the incident.

The mother and grandmother of Jayvaughn Stephenson were not notified that two days before the assault that caused his injuries Jayvaughn had had a fight at Bronx Middle School 113 with eighth-grade rival Lorenzo McDonald. A 3-2 Appellate Division, First Department, panel ruled in Stephenson v. City of New York, 15580/04, that the city and its schools were nevertheless not responsible for the injuries Jayvaughn suffered at Lorenzo’s hands.

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