A state appeals court has affirmed a lower court decision that said a school district was not responsible for injuries a student sustained.
In a November 25 opinion, the Missouri Court of Appeals Southern District said it agreed with a Greene County Circuit Court ruling that said Willard Public Schools and other defendants are granted sovereign and official immunity.
According to court documents, an elementary school student identified only as J.S. was playing outside on school grounds during an outdoor activity time when she hit her head on a large, horizontal metallic barrier arm, briefly rendering her unconscious. Her parents were notified that a “minor incident” had occurred, and the girl stayed at school for the rest of the school day and for an after-school program.
“J.S. was in excruciating pain and was highly sensitive to light that evening, so her parents took her to the hospital,” the appeals court opinion states. “She was diagnosed with a concussion, fractured skull, brain bleeding, hematoma and severe head trauma. J.S. was admitted to the pediatric intensive care unit for treatment and monitoring.”
The girl’s parents sued the school district, superintendent, principal, special services director and 20 unnamed defendants for general negligence, negligent supervision, intentional and negligent infliction of emotional distress, premises liability as well as intentional and negligent breach of duty to protect.
Asserting immunity, the defendants moved to dismiss the lawsuit for failure to state a claim on which relief can be granted. After briefing and argument, the circuit court granted the motion to dismiss, finding sovereign immunity and official immunity barred the claim as pleaded. The parents did not seek to amend their petition, instead filing a notice of appeal.
In the opinion, the appeals court says a circuit court’s judgment sustaining a motion to dismiss will be affirmed if “the factual allegations in the petition, taken as true, establish defendants are entitled to immunity.” The parents claim the circuit court erred in granting the motion to dismiss because Willard Public Schools did not prove it is shielded from liability by sovereign immunity.
But the appeals court agreed with the lower court.
“As a public school, Willard Public Schools is a public entity that enjoys sovereign immunity except as waived,” the opinion states. “The metallic barrier arm is alleged to have been located on Willard Public Schools’ property at the time of the injury.”
The appeals court says the parents say the “physical composition of the pole is alleged to be at issue in causing injury.”
“That a metallic barrier arm was hard enough to knock out and concuss a small child whose head makes contact with it does not make the property defective,” the opinion states. “The property was found not to be in a dangerous condition or the potential danger presented by hazardous placement of otherwise non-defective property was apparent from the pleadings.”
The appeals court says the issue is the barrier arm.
“Placement of a barrier arm in a position to block passage is a function, not a defect, of property of this type,” the opinion states. “Otherwise non-defective property does not become a dangerous condition simply because children are placed in proximity to the property. … Willard Public Schools’ use of a barrier arm for its intended purpose did not create a dangerous condition of the property.”
The appeals court also says official immunity also applies here to the individual defendants.
“The named respondents are employees of the school district, acting within the scope of their official authority,” the opinion states.
The opinion was written by Judge Jack A.L. Goodman. It was concurred by Judge Mary W. Sheffield and Judge Jennifer R. Growcock.
Missouri Court of Appeals Southern District case number SD38222