Lyons-Blame In The Mirand Case

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It is likely that Martina Toole could maintain a claim against Lyons-Burke for negligent supervision because Toole was under the physical custody of the school when she was attacked by a fellow student, and thus the school had a duty to protect her. Lyons-burke had the duty to adequately supervise Martina Toole and her attacker, Ivy Toxicon, because it had physical custody of both students. At around 5:30 PM on the day of the attack, both students were in the process of waiting for departure at the only exit at the school. Just as in the Mirand case, the attack happened near an exit during dismissal. There are two facts that differentiate this case from Mirand: the attack happened after school hours and it may have technically happened off

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