ACCIDENT LAW - Superior Court holds that Board of Education fundraiser does not qualify as proprietary activity

2016-03-11 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Peter K. O'Keefe

On the Hartford Board of Education's motion for summary judgment, the court concludes that a school-sponsored fundraiser to help support other school activities did not constitute a proprietary as opposed to governmental activity, even if the fundraiser made a "profit".  The plaintiff was injured while attending a haunted house event at a Hartford magnet school.  The funds raised were to be utilized for the senior class.  The plaintiff was injured when other students at the event were unruly.  The plaintiff alleged negligence in failing to provide adequate training, inspection and supervision.  The Superior Court concluded that these allegations involved discretionary conduct and rejected the plaintiff's claim that the Board of Education was engaged in a proprietary function.  "Because these activities ultimately serve, at their core, inherently governmental functions, defendant is entitled to governmental immunity."  Leslie v. Hartford Bd. of Educ., December 23, 2015

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