Richard J. Hughes Justice Complex in Trenton, New Jersey. Credit: Google Appellate Division Finds AOM Not Required for Teacher in Wrongful Death Suit Involving 8-Year-Old Newark Student
"Because teachers are not licensed persons under the AMS, the court should not have dismissed the complaint's allegations pertaining to the teacher's alleged conduct," the per curiam opinion said. "Given the Board's motion was based solely on Washington's failure to supply an AOM, there was no basis to dismiss the entirety of her complaint—particularly, allegations regarding the teacher."
December 21, 2023 at 01:13 PM
5 minute read
After a trial court dismissed a mother's wrongful death claim against the Newark Board of Education alleging her 8-year-old daughter was overmedicated by a school nurse, the Appellate Division partially reversed that decision by finding the board may be vicariously liable for a teacher's conduct.
The mother, Jessica Washington, filed a complaint in Essex County Superior Court in Washington v. Newark Board of Education, which sought damages and alleged there were multiple negligent acts committed by a teacher and a school nurse. The Newark Board of Education moved to dismiss her complaint for failure to provide an affidavit of merit required under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, according to the opinion. The board argued that since Washington claimed her daughter was overmedicated by a licensed professional as a registered nurse, an AOM was required.
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