30 The Queens Courier • january 9, 2014 for breaking news visit www.queenscourier.com Legally Speaking By: Scott Baron, Attorney at Law ACCIDENT AT SCHOOL Advertorial Q: My daughter was in first grade, participating in a physical education class. The teacher had set up seven activities spread out throughout the gymnasium. All the activities were occurring simultaneously. Two of these activities, rope climbing and balance board, required more supervision than the others. My daughter has no memory of what caused her accident. One of the students says that she fell from the balance board, and that my daughter had struggled to maintain her balance and even fallen twice before this tragedy. Another says that a student ran into my daughter, elsewhere, knocking her to the ground. The teacher became aware of my daughter’s accident only upon being notified. A: A school is not an insurer of its students’ safety, but it does have a duty to exercise the same degree of care toward its students as would a ‘reasonably prudent parent’. The school can be held liable only for foreseeable injuries proximately related to the absence of adequate supervision. If the accident was caused by a fellow student, then seemingly your case is more difficult: when a fellow student is involved, it must be established that his or her ‘third-party’ acts could reasonably have been anticipated. School personnel cannot reasonably be expected to guard against all of the sudden, spontaneous acts that take place among students daily. An injury caused by the impulsive, unanticipated act of a fellow student ordinarily will not give rise to a finding of negligence – unless prior conduct should have put the school on notice to protect against the injury-causing act. Your attorney will try very hard to pinpoint the cause. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Obituary John Watusi Branch Co-founder and executive director of the The Afrikan Poetry Theatre John Watusi Branch, co-founder and executive director of the The Afrikan Poetry Theatre in Jamaica, passed away on Saturday, December 28. He was 70 years old. Friends said they were “saddened by the loss of this cultural leader and institution builder,” who maintained the theater for almost 40 years. Branch went into a coma after suffering from a heart attack on Monday, December 23 and passed just days later. Branch got inspiration from the community, as well as the youth’s desire to learn. For nearly a decade, Branch organized yearly group trips to various parts of Africa. In 2012, he took a threeweek trip to Ghana where his group stayed with local residents and took part in work projects. Additionally, Branch is a published author, and wrote a book entitled Journey to the Motherland, along with five volumes of poetry. Incredible Support That Will Never Be Forgotten Sinai Memorials respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New York’s Jewish families. Funeral Directors & Planners Dignified and comfortable chapel, located in Fresh Meadows, Queens Funeral services at locations throughout the New York Metro area Costs are reasonable and all family budgets are accommodated DVD and real-time webcast of chapel services, at no additional cost Our staff Rabbi is available to answer your questions Experts to guide monument selection or FDIC insured pre-planning Sinai Chapels Funeral Directors & Planners 162-05 Horace Harding Expressway, Fresh Meadows, NY 11365 718.445.0300 or 800.446.0406 We are here 24 hours, to serve your family. We offer FDIC insured pre-planning. www.JewishFunerals.com He was born in Charleston, South Carolina and his family moved to Brooklyn when he was six years old. They then moved to Jamaica in 1961 when Branch was 18. The community man lived in Jamaica with his wife, Safiya. Together they have five children.
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