This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A 14-year-old student with asthma died after being required by a substitute physical education teacher to continue exercising despite reporting breathing difficulties. The student collapsed shortly after class and died from an asthma attack. The plaintiffs alleged negligence by the school, including indifference to the student’s medical needs and a 15-minute delay in calling an ambulance (paras 1-4).
Procedural History
- District Court of Curry County: Granted summary judgment in favor of the defendant, ruling that governmental immunity had not been waived under the Tort Claims Act (para 1).
Parties' Submissions
- Plaintiffs-Appellants: Argued that the school’s failure to follow policies for medical emergencies created a dangerous condition affecting the general public, thus waiving immunity under Section 41-4-6 of the Tort Claims Act (paras 6, 10).
- Defendant-Appellee: Contended that the case involved negligent supervision, which does not waive immunity under the Tort Claims Act, and that the school’s actions did not create a dangerous condition affecting the general public (paras 10-11).
Legal Issues
- Whether the school district’s actions constituted a waiver of governmental immunity under Section 41-4-6 of the Tort Claims Act (para 6).
Disposition
- The Court of Appeals affirmed the district court’s decision, holding that governmental immunity was not waived (para 14).
Reasons
Per Wechsler J. (Bustamante CJ. and Sutin J. concurring):
The court held that Section 41-4-6 of the Tort Claims Act waives immunity only when a dangerous condition on the premises creates a risk to the general public. The court distinguished this case from others where immunity was waived, such as those involving unsafe conditions like inadequate lifeguard services at swimming pools. Here, the school’s failure to follow its medical emergency policy and supervise the student properly did not create a dangerous condition affecting the general public but was instead a case of negligent supervision, which does not waive immunity (paras 6-11, 14).
Special Concurrence by Sutin J.:
Sutin J. agreed with the majority but urged the legislature to consider amending the Tort Claims Act to allow for liability in cases where school administrators and teachers negligently fail to protect students with known health risks. He emphasized the need for policies to safeguard vulnerable children and expressed concern over the lack of accountability in such cases under the current legal framework (paras 16-17).