School Liability

Jonathan A. Cusson wins defense verdict in Hurwitz v. Board of Education of Baltimore County 
Jonathan A. Cusson won a defense verdict after a two-day trial in front of a jury in Hurwitz v. Board of Education of Baltimore County.  In the case, Plaintiffs alleged that the school board, through a substitute teacher, failed to adequately supervise Brian Hurwitz who was 11 years old at the time.  Mr. Hurwitz presented evidence that he climbed onto, and jumped from, a piece of playground equipment several times before breaking his right foot.  The Board put forth evidence that Mr. Hurwitz received training about the proper use of playground equipment at the beginning of each of his 5 years at the school and that the substitute teacher did not see what the child was doing, but would have told him to stop if she had seen him.  The Board also argued that although no entity needed to be blamed for what happened, Mr. Hurwitz bore some responsibility for his own injury.  The jury agreed and found that the Plaintiff assumed the risk of his injury.

J. Michael Sloneker & Jason Beaulieu Win Summary Judgment in Cotillo v. Calvert County Board of Education
Partner J. Michael Sloneker and associate Jason P. Beaulieu won a summary judgment in the Circuit Court for Calvert County in the matter of Cotillo v. Calvert County Board of Education. The case was brought by a competitor who sustained mouth and jaw injuries when he lost control of 530 pounds he was attempting to bench press during a power lifting meet. The plaintiff claimed the defendants failed to provide experienced spotters who should have prevented his injury by catching the weight before it struck him. The court granted summary judgment for the defendants, ruling that the plaintiff assumed the risk of his injuries.

J. Michael Sloneker & Jason Beaulieu Obtain Voluntary Dismissal with Prejudice in Robinson v. Board of Education of Baltimore County
Partner J. Michael Sloneker and associate Jason P. Beaulieu obtained a voluntary dismissal with prejudice for an employment discrimination claim in the matter of Robinson v. Board of Education of Baltimore County, et al. The dismissal was obtained on behalf of the board and the individually named board employees. The case concerned a disgruntled board employee who claimed he was improperly terminated. After a thorough investigation, Mr. Sloneker and Mr. Beaulieu determined that the named defendants had valid counterclaims against the plaintiff for assault, defamation, malicious prosecution and intentional infliction of emotional distress. In the face of meritorious counterclaims, the plaintiff agreed to voluntarily dismiss his claims with prejudice.

Jonathan A. Cusson, wins Defense Judgment in Brandon Springfield, et al. v. the Board of Education of Baltimore County, et al.
In this case, multiple Plaintiffs, who were students on a Baltimore County school bus, brought suit alleging that the Board of Education was negligent as a result of its driver's actions, but also because the school bus was not equipped with seat belts. The Court found in favor of the Board on the seatbelt issue at the midpoint based upon evidence that Boards of Education have confronted the issue on a national level and designed the buses to provide the safest form of transportation currently available to schoolchildren. Further, the Court found that Plaintiffs did not establish that the failure to install seatbelts proximately resulted in their claimed injuries. At the close of all evidence and argument, the Court entered judgment for the Board on the entire claim noting that the bus driver acted appropriately when he was presented with an emergent situation.