BRENDA CUMMINGS v.RAHWAY BOARD OF EDUCATION, RAHWAY MIDDLE SCHOOL, RAHWAY 7TH AND 8TH GRADE AND ACADEMY GARRY MARTIN (A-0271-17T2)
Plaintiff, a middle school student, was injured while playing in a student-teacher fundraising basketball game. She appeals from an order granting summary judgment and dismissing her claims against defendants, who were her school, the school board, and a teacher. The court affirms because the undisputed facts establish that defendants did not breach a duty of care to plaintiff.
School officials have a duty to supervise the children in their care. Here, there was no showing of a breach of that duty because the basketball game was officiated by a referee and additional supervision was provided by approximately five teachers who did not participate in the game. Moreover, there were no facts showing that the game was being conducted in a reckless or out-of-control manner.
"[T]he duty of care applicable to participants in informal recreational sports is to avoid the infliction of injury caused by reckless or intentional conduct." Schick v. Ferolito, 167 N.J. 7, 12 (2001) (alteration in original) (quoting Crawn v. Campo, 136 N.J. 494, 497 (1994)). Here, there was no showing that the teacher-player was intentionally trying to injure plaintiff or acting recklessly.
