Uhr v. East Greenbush Cent. Sch. Dist.
Court of Appeals of New York
720 N.E.2d 886 (N.Y. 1999)
Relevant factsFree
New York law required annual scoliosis screening for students ages 8-16, and after Uhr (plaintiff) was screened and cleared one year but not screened the following year, a subsequent screening two years later revealed advanced scoliosis requiring surgery; her parents sued the School District (defendant) for common-law negligence in failing to perform the required annual screening, and the trial court held she had no private right of action.
IssueFree
Whether a private right of action based on tort liability may ever be inferred from violation of a statute.