MUNICIPAL LAW – Appellate Court holds that there is no ministerial duty to provide protective equipment during a sporting event:

9/19/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

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Philip R. Dunn, Jr.

The case involved an elementary school gym teacher who was alleged to have a ministerial duty to provide shin guards for soccer practice.  The Appellate Court affirms summary judgment for the defendant, holding that a physical education guide in effect did not render any duty to provide shin guards ministerial, so as to avoid governmental immunity.  The court held that the language of the guide was not intended to be a clear and unequivocal waiver of governmental immunity.  The court holds that the defendant’s duty was discretionary, not ministerial, and therefore that he was entitled to immunity.  The court also holds that the identifiable victim/imminent harm exception does not apply in the absence of any evidence that an injury similar to the one suffered by the plaintiff was likely to occur.  Washburne v. Madison, AC 38721 (8/15/17)

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