The New York City School Board can be held liable in the rape of a sixth-grade girl after she was separated from her class during a field trip, the state's top court ruled Thursday.
The Court of Appeals said the 12-year-old girl's teacher did not properly supervise the girl because she was left behind during the 1988 trip. While trying to make her way home, the girl was abducted and raped.
A trial court jury had awarded the girl $3 million, but the Appellate Division threw out the case after finding that school officials could not have been expected to foresee the rape as a consequence of the girl having been left behind. Thursday's ruling reinstated the award, sending the case back to the Appellate Division.
The girl, now 21, was raped June 3, 1988, when she wandered from the Brooklyn park.