Clein v. Rankin County Sch. Dist.
| Docket Number: | 2010-CA-02103-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-17-2012 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Discretionary function - Section 11-46-9 - Guidelines for physical education - Operation of athletic programs - Dangerous condition Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell and Russell, JJ. Non Participating Judge(s): Griffis, P.J., and Fair, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 12-10-2010 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEE Case Number: 2009-293-C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Zachary Clein, a Minor, Individually and by and through Debra Clein , Natural Mother and Next Friend |
REEVES JONES |
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| Appellee: | Rankin County School District | BENJAMIN E. GRIFFITH MICHAEL STEPHEN CARR MARY BEEBE SAFFOLD GARRARD | ||
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| Topic: | Personal injury - Tort Claims Act - Discretionary function - Section 11-46-9 - Guidelines for physical education - Operation of athletic programs - Dangerous condition |
| Summary of the Facts: | Zachary Clein, a Brandon Middle School student, filed suit against the Rankin County School District after sustaining a facial injury and knee injury as the result of tripping and falling on school property in his physical-education class. The court granted summary judgment in favor of RCSD. Clein appeals. |
| Summary of Opinion Analysis: | Clein argues that Coach Walker’s actions in instructing the students to “run the bleachers” failed to constitute a discretionary function or duty under section 11-46-9. Clein argues that Coach Walker possessed awareness of the 2006 Mississippi Physical Education Framework Overview, which contained physical-education policy at RCSD in force in November 2008, the time of Clein’s injury. Clein’s argument fails to address his own deposition testimony where he admitted he was walking down the bleachers when he fell and injured himself. Therefore, since Clein admittedly walked down the bleachers prior to receiving his injuries, any assertion of negligence by Coach Walker in instructing students to warm up by running the bleachers lacks relevance to the determination of the issues. To determine whether an act or a failure to act constitutes a discretionary function under section 11-46-9(1)(d), the Court must determine whether the activity involves an element of choice or judgment, and if so, then the court must determine whether the choice or judgment involves social, economic, or political policy. An act is not discretionary, but is ministerial, if the duty is one which has been positively imposed by law and its performance required at a time and in a manner or under conditions which are specifically designated, the duty to perform under the conditions specified not being dependent upon the officer's judgment or discretion. When an official is required to use his own judgment or discretion in performing a duty, that duty is discretionary. Although the RCSD implemented guidelines for physical education, these guidelines merely appear to require the instructors to apply appropriate warmup and cool-down techniques. In so doing, the guidelines leave the type of technique and implementation of the warmup and cool-down techniques to the instructor’s discretion. Regulating the establishment and operation of athletic programs and other school activities, such as physical-education classes, constitutes an exercise of political policy, thus satisfying the second prong of the discretionary-function analysis. Coach Walker’s actions and instructions constitute discretionary functions; thus, such instructions remain subject to immunity from liability under section 11-46-9(1)(d). In addition, Clein gave conflicting testimony regarding his injury. Thus, the record supports that Clein fell when walking down the bleachers, and there is no dispute of material fact to show any breach of duty by Coach Walker. Clein argues the circuit court erred in ruling that RCSD was immune from any premises-liability claims, and Clein asserts liability exists because of a dangerous condition. Clein failed to show the bleachers were a dangerous condition created by negligent or wrongful conduct of RCSD, and Clein has also failed to provide proof that RCSD or Coach Walker possessed actual or constructive notice of the condition of the bleachers. |
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