You Be the Judge! Page 113

ASE: 13

ISSUE BEFORE THE COURT

Whether a municipality, aware that its playground is being used by
children as a site for the unlawful discharge of fireworks, is liable for
resulting injuries when it fails to take appropriate preventative measures.

THE FACTS

You Be the Judge!

An administrative

division composed of a

defi ned territory and

population is known as a

municipality.

In June 1968, at about 4:30 pm, 7-year-old Plainti Brian

Nicholson, walked across the street into the school yard at elementary
school P.S. 94 in Brooklyn, New York. Brian sat down in a corner to
watch the "big" kids play. He was not a student of P.S. 94, nor of any
formal a er-school program conducted by the school. e school
playground was across the street from where Brian lived.

At the time Brian entered the playground, ten other children, each

about 12 years of age, were playing with reworks. Brian heard his
name called, and when he turned around, a recracker hit him in the
le eye. A er several operations, the eye was removed and an arti cial
one replaced it.

e school yard was not run as an o cial, supervised area for

a er-school play. e Defendant, the Board of Education for the City
of New York, did not assign school personnel to supervise play. Nev-
ertheless, young children in the neighborhood, a congested tenement
house area, played at P.S. 94 a er school, as it was the closest play-
ground to their houses. e school yard was separated from the public
sidewalk by a high metal fence. However, the gates of the fence had
been missing for years.

For two years prior to Brian's injuries, the Defendant had received

constant warnings that people were exploding recrackers, setting
papers on re, and throwing bottles and garbage in the schoolyard.

ese destructive episodes became more frequent during April and

May, the two months preceding Brian's injury. To combat this behav-
ior of reworks, re, and garbage, members of the Block Association
met with the principal to request that gates be installed to close the
school yard or that supervision be provided. e principal honored
neither request.

e Plainti sued the Defendant for money damages resulting

For Evaluation Purposes Only