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Law
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Grand Canton University
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Running head: APPEAL OF A NEGLIGENCE ACTION Appeal of a Negligence Action Institution Affiliation Date 1 APPEAL OF A NEGLIGENCE ACTION 2 Dean Ellis v. Mildred Elley schooling Inc. (1997) FACTS Dean Ellis, the plaintiff, and a student at the defendant, a business school, was involved in an altercation with Miller, a fellow student. The confrontation between the two parties was premised on the allegation that Miller was found looking through the plaintiff’s bag. An argument and a physical confrontation ensued which attracted officials from the school. The officials, an Executive Director and a Student Services Coordinator, sought to calm them down and resolve the dispute. However, the situation escalated, which ended up in another confrontation whereby Miller stabbed the plaintiff. The plaintiff claims that the defendant had actual or constructive notice of the likelihood of a dangerous act by other students. This notice is derived from the claim that the defendant and its employees had knowledge of the initial confrontation and also the fact that Miller possessed a knife which he always carried. (Ellis v. Mildred Elley School Inc., 1997). In light of these circumstances, the plaintiff brought a negligence action against the business school alleging breach of duty to protect him from the dangerous acts of the fellow student. However, Keegan, J. in the Supreme Court of Albany County granted the defendant’s motion of summary judgement. The plaintiff appealed the matter ...
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