A unanimous Appellate Division, First Department, panel last week affirmed the dismissal of a lawsuit accusing a police training company of negligence in running a training session for the American Society for the Prevention of Cruelty to Animals, resulting in an injury to one of the participants. The ASPCA employs a special police force that enforces animal cruelty laws under an agreement with New York City. The plaintiff, ASPCA law enforcement agent Jennifer Sarasky, was injured during a recertification training supervised by Law Enforcement Training and Consulting Services Inc.
Sarasky was partnered with another agent to simulate "taking down" a person resisting arrest. Sarasky claimed she did not have a chance to fully brace herself against a wall before her partner took her down, causing her partner to land on top of her, causing injury. Sarasky sued the training company, alleging the training should have been done on a mat, and that training instructions were inadequate.
