Court Finds for School District in Concussion Case involving Swimmer

A New York state judge has dismissed a negligence claim brought by the mother of a sixth grader, after her son suffered a concussion during a physical education class, while executing the butterfly stroke.   In so ruling, the court found that “the accident was outside the practical ability of the district to prevent even in the exercise of highly intensive.”   The incident in question occurred on January 12, 2010, as 11-year-old Stephen J. Rinaldo, Jr. was participating in a class