MUNICIPAL LAW – Superior Court holds that governmental immunity bars high school student claim regarding picnic

5/5/2016 | Kathryn M. Cunningham

Category: Municipal Law

Kathryn M. Cunningham

The plaintiff alleged an injury at a high school class picnic at a YMCA facility.  While playing a basketball game, the plaintiff was allegedly injured when he was accidentally poked in the eye.  The plaintiff alleged negligent supervision of the basketball game.  The defendants claimed that they were entitled to governmental immunity with regard to discretionary conduct.  The court rejected the plaintiff’s claim that the identifiable victim/imminent harm exception applied.  The court held that because his participation in the high school senior class picnic was voluntary, he did not qualify as an identifiable victim.  Furthermore, the court held that the duty to act was not clear and unequivocal under the facts of the case.  Accordingly, summary judgment was granted to the defendants.  Costa v. Plainville Board of Education, CV13-6021448 (03/23/16)

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