After a trial court dismissed a mother’s wrongful death claim against the Newark Board of Education alleging her 8-year-old daughter was overmedicated by a school nurse, the Appellate Division partially reversed that decision by finding the board may be vicariously liable for a teacher’s conduct.

The mother, Jessica Washington, filed a complaint in Essex County Superior Court in Washington v. Newark Board of Education, which sought damages and alleged there were multiple negligent acts committed by a teacher and a school nurse. The Newark Board of Education moved to dismiss her complaint for failure to provide an affidavit of merit required under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, according to the opinion. The board argued that since Washington claimed her daughter was overmedicated by a licensed professional as a registered nurse, an AOM was required.