Uhr v. East Greenbush Central School District – Case Brief
Uhr v. East Greenbush Central School District, 94 N.Y.2d 32, 720 N.E.2d 886, 698 N.Y.S.2d 609 (N.Y. 1999).
Facts: Mr. and Mrs. Uhr (P) were the parents of a child who developed scoliosis. Under State law all children from the ages of 8-16 were required to be tested for scoliosis at least once each school year. Uhr sued the East Greenbush Central School District for failing to examine their child. The trial court granted D’s motion for summary judgment and held that the law in question did not create a private right of action, and that Ps had otherwise failed to state a claim for negligence. The appellate division affirmed and P appealed.
Issue:Does a statutory duty per se grant a remedy to a private individual?
Holding and Rule: No. A statutory duty does not per se grant a remedy to a private individual.
The court acknowledged that P was a member of the class for whose benefit the statute was enacted, and that recognition of a private right to sue would promote the legislative purpose. However, the final Sheehy prong analysis demonstrated that a private right of action would be inconsistent with the legislative scheme. The statute provides for the creation of administrative remedies and regulations. Furthermore the statute specifies that the school district shall not suffer any liability in connection with the tests. The court rejected Ps contention that this gave immunity for misfeasance but not nonfeasance.