Trial Court Erred When It Granted Student Athlete Leave to Serve a Late Notice
A New York State appeals court has reversed a trial court and found that a plaintiff student-athlete, who was struck by a discus while she was running around the track, should not have been granted leave to serve a late notice of claim.
Elizabeth Monfort, a member of the girls' varsity lacrosse team at South Side High School in Rockville Centre, was running “laps around the track” on March 30, 2007 when she was “blind-sided by a flying discus.”
Monfort alleged that the disc