Jenner v Board of Educ. of N. Syracuse Cent. School Dist.
Annotate this CaseDecided on August 2, 2005
Supreme Court, Onondaga County
Stephanie S. Jenner, Claimant,
against
THE Board of Education of the North Syracuse Central School District, DISTRICT CLERK, Respondent.
05-3018
ROBERT M. SHAFER, ESQ.
RIEHLMAN, SHAFER & SHAFER
Attorneys for Plaintiff
P.O. Box 430, Tully, NY 13159-0430
GABRIELLE MARDANY HOPE, ESQ.
PETRONE & PETRONE, P.C.
Attorneys for Defendant
1624 Genesee Street, Utica, NY 13502
John V. Centra, J.
This application seeks leave to serve a late notice of claim. Claimant allegedly sustained personal injuries on January 13, 2005 at Allen Road Elementary School when she slipped on a loose rug and fell down a set of stairs. She claims that she suffered injuries including a concussion to the occipital lobe, contusions and bruising and is now suffering from vision problems requiring medical care. Claimant contends that her injuries were caused solely by the negligence of the school district in the maintenance of its premises, specifically, the stage area in the cafeteria where she was working as a physical therapist.
Claimant alleges that Defendant was promptly placed on notice that the injury occurred and, in fact, treated her at the [*2]time of the injury. She also contends that there is no prejudice to Defendant. She claims not to have received additional medical treatment for her injuries or to have understood the extent of her injuries until April of 2005 when she sought further medical treatment after developing vision problems. She was not represented by counsel and did not know there was a time limitation for presentation of her claim to the school district. After consulting with an attorney on April 29, 2005, she took immediate steps to file a claim.
Respondent argues that there are no rugs on the stage or on the stairs despite the fact that Claimant contends that she slipped on an improperly tacked down rug on stairs adjacent to a staging area at Alan Road School. In addition, Respondent argues that Claimant is not an infant and it is, therefore, of no moment that she did not know she had to file a claim or that she did not need medical attention until several months after the alleged incident.
At oral argument, Respondent conceded that it would not be overly prejudiced by the untimely filing. This court finds that Claimant has provided a reasonable excuse for the delay in filing a notice of claim, that is that she did not realize the extent of her injuries until some months after her fall. Respondent has not shown any prejudice and appears to have been in possession of the facts surrounding the accident both through a witness at the time of Claimant's fall and the report submitted to the school nurse. Under these circumstances, Claimant's motion is granted. Rotoli v. Gaines, 184 AD2d 1085 (4th Dept. 1992).
Claimant is to submit an Order on notice.
JOHN V. CENTRA
Supreme Court Justice
Dated: August 2, 2005
Syracuse, New York
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