Hurwitz v. Board of Education
ACL obtained a defense verdict after a two-day trial in front of a jury in Hurwitz v. Board of Education. 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.
