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While a school has no duty to prevent injury to schoolchildren released in a safe and anticipated manner, the school breaches a duty when it releases a child without further supervision into a foreseeably hazardous setting it had a hand in creating.
Appellant brought suit against respondent Town, County, and School District for injuries sustained by her son when he was hit while crossing a highway after school. Respondent school district's policy was to not release walking students until all school buses had departed. Requests had been made of respondent Town and County to install a sidewalk and traffic control device to remedy the dangerous highway condition. Trial court granted summary judgment to respondent School District and Town. The appellate division modified to grant respondent County summary judgment.
Was the grant of the motions for summary judgment of the School District and the County proper?
The court reversed as to respondent County and School District because there were triable issues regarding (1) whether respondent school district breached its legal duty when it failed to follow its long-standing policy of not releasing students prior to departure of all school buses, and (2) whether the absent safety measures materially increased the risk of the accident. The courts below correctly granted the Town summary judgment.