No. Betty Brumer, a fourth grade teacher at a public school in Brooklyn, alleges that she was injured when she was assaulted by one of her students. According to the plaintiff, the student had been restrained by a school security guard after engaging in a fight with another boy during a fire drill.
Although the security guard escorted the student away from the rest of the class, the student subsequently returned to the scene and began fighting again. The plaintiff alleges that during this second episode, the student hit her, causing her to fall to the ground and sustain injuries.
The Appellate Division, Second Department, found that while the DOE might owe a special relationship to students no such relationship is owed to teachers and administrators. The Court went further to explain that a special relationship can be formed in three ways: “`(1) when the municipality violates a statutory duty enacted for the benefit of a particular class of persons; (2) when it voluntarily assumes a duty that generates justifiable reliance by the person who benefits from the duty; or (3) when the municipality assumes positive direction and control in the face of a known, blatant and dangerous safety violation'”
None of these were present for Ms. Brumer.
BETTY BRUMER, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. 201400461, Index No. 32716/09. 132 A.D.3d 795 (2015) 18 N.Y.S.3d 149 2015 NY Slip Op 07611, Appellate Division of the Supreme Court of New York, Second Department. Decided October 21, 2015.