Earlier this month, an appellate court in Georgia issued a decision in a tragic case stemming from the death of a seventh-grade student that occurred at school while his teacher was out of the room. In the case, the court had the opportunity to discuss when government immunity is appropriate in situations in which a government employee’s negligence is alleged. In this case, unfortunately for the plaintiffs, the court determined that the allegedly negligent teacher was entitled to immunity.
The plaintiffs were the parents of a seventh-grade student in the defendant’s American Literature class. One day, the teacher stepped out of the room and asked another teacher to listen in on the class while she was gone. However, while the student’s teacher was absent, he and another boy were horse playing when he fell to the ground, fracturing his collarbone. The fracture caused serious blood loss. By the time the teacher returned and called 911, it was too late. The student died later that day in the hospital.
The principal called the teacher to his office to discuss the student’s death. The teacher initially lied to the principal, telling him that she was present when the student fell. It was only later that the principal determined this was not the case. The teacher continued to offer several other versions of what happened, eventually testifying that she was using the restroom at the time of the accident.