Trial Court Erred When It Granted Student Athlete Leave to Serve a Late Notice

Jan 30, 2009

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
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