A trial court should have granted a school district and student’s motions for summary judgment to dismiss a personal injury lawsuit filed by another student who was tripped in gym class during a game of speedball, an appeals court ruled.
The decision by a 3-1 panel of the Appellate Division, Second Department, in Scavelli v. Town of Carmel, 316/11, reverses an order by Putnam County Supreme Court Justice Lewis Lubell denying motions by the Mahopac Central School District and Jordan Maher, the student who tripped plaintiff Jonathan Scavelli, to dismiss Scavelli’s complaint.
