Maracallo v. Board of Educ. of City of NY

In Maracallo v. Board of Educ. of City of NY, 2 Misc 3d 703, 769 NYS2d 717 (2003), the court determined that the mother of a 14-year-old boy who died by drowning in a wave pool while on a school field trip to an amusement park was entitled to recovery against the Board of Education for intentional infliction of emotional harm when the teachers assigned to supervise the child failed to learn the child was missing until the park closed and then left the park without having found the child and without notifying his mother that he was missing. The court found that plaintiff was entitled to recovery based upon defendant's negligent failure to provide her timely information regarding her son independent from any cause of action related to the wrongful death.