Earlier this month, an appellate court in Georgia issued a written opinion in a personal injury case involving a student who died while the teacher was out of the room. The case required the court to determine if the teacher – acting as an official government employee – was entitled to immunity. Finding that the school’s policy regarding the supervision of students left room for the exercise of discretion, the court determined that the teacher was entitled to immunity and dismissed the plaintiffs’ appeal.
The case is important for Washington, D.C. personal injury plaintiffs because it illustrates the type of analysis in which courts engage when reviewing cases filed against a government official, employee, or agency.
The Facts of the Case
The plaintiffs were the parents of a young boy who died while attending school. According to the court’s recitation of the facts, the boy fell to the ground while roughhousing with another student. At the time, the teacher had stepped out of the classroom and was not present. However, she asked a teacher in a neighboring room to keep an eye on the students before she stepped out.