UHR V. EAST GREENBUSH CENTRAL SCHOOL DISTRICT
720 N.E.2d 886 (1999)
NATURE OF THE CASE: Uhr (P) appealed an affirmance of a grant of East's (D) motion for
summary judgment dismissing P's complaint, which was based on a violation of N.Y. Educ. Law
905(1) and a claim of common law negligence.
FACTS: P were the parents of a child who contracted scoliosis. State law required that
all children from the ages of 8-16 be tested for scoliosis at least once per year in each
school year. The child was a seventh grade student at the Goff Middle School, and a nurse
screened her for scoliosis. The results were negative. She was examined during the following
school year by a school nurse who checked her height, weight and vision but allegedly did
not screen her for scoliosis. In March 1995, when child was a ninth grader a school nurse
screened her for scoliosis and the examination proved positive. Ps then had her examined by
an orthopedic doctor who concluded that her scoliosis had progressed to the point that
surgery was required instead of the braces that often can be utilized when the condition is
diagnosed earlier. The child underwent surgery in July 1995. P sued D, the school district
for failing to examine their child during the 1993-94 school year. The trial court granted
D's motion for summary judgment holding that the Education Law did not create a private
right of action and Ps had otherwise failed to state a common law claim for negligence. The
appellate division affirmed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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