Thomas A. Montiglio was successful in obtaining a defense verdict in the case of K.H., an infant v. North Babylon School District, Supreme Court, Suffolk County 2014 – Defense Verdict – The case involved a 3rd grade girl that tripped and fell at recess after chasing a ball that went off the blacktop to a grassy strip next to the blacktop that was sloped down towards several drains. The girl walked down the slope to get the ball and allegedly stepped on the drain cover, breaking her ankle. It was the allegation of P, that the drain cover was too recessed, and the kids should not have been allowed to play in that area. The jury returned a verdict of no negligence on the part of the School District.
