Uhr v. East Greenbush Cent. Sch. Dist. case brief

Uhr v. East Greenbush Cent. Sch. Dist. case brief summary
720 N.E.2d 886 (N.Y. 1999)

CASE SYNOPSIS

Plaintiffs appealed an appellate court's affirmance of a grant of defendant school district's motion for summary judgment dismissing plaintiffs' complaint, which was based on a violation of N.Y. Educ. Law §905(1) and a claim of common law negligence.

CASE FACTS
N.Y. Educ. Law §905(1) required school authorities in New York to examine students between eight and sixteen years of age for scoliosis at least once in each school year. Plaintiffs alleged that, as a result of defendant school district's failure to comply with this screening requirement, plaintiffs' daughter's ailment was allowed to progress undetected. Plaintiffs' complaint was based on the alleged violation of N.Y. Educ. Law §905(1), as well as a claim of common law negligence.

DISCUSSION

• Defendant's motion for summary judgment was granted and affirmed on appeal, the court having determined that N.Y. Educ. Law §905(1) did not create a private right of action, and that plaintiffs had otherwise failed to state a claim for common law negligence. 
• A private right of action was not consistent with the statutory scheme.

CONCLUSION

Grant of summary judgment affirmed. N.Y. Educ. Law §905(1) did not create a private right of action, as a private right of action was not consistent with the statutory scheme. Plaintiffs also failed to state a claim for common law negligence.

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