Uhr v. East Greenbush Central School District

720 N.E.2d 886 (1999)

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Nature of the Case

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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.