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MUNICIPAL LAW: Appellate Court holds board immune from liability for injuries sustained by student at school picnic

The plaintiff was injured during a pickup basketball game at a Plainville High School senior class picnic.  Affirming summary judgment for the Board of Education members, the Appellate Court holds that there were no genuine issues of material fact regarding whether discretionary act immunity applied or whether the plaintiff was an identifiable victim subject to imminent harm, so as to qualify for an exception to governmental immunity.  The Appellate Court holds that the duty to supervise is discretionary in nature.  The Appellate Court also holds that since the plaintiff was voluntarily participating in a non-mandatory school-sponsored activity, he did not fall within the identifiable victim/imminent harm exception to governmental immunity.  Summary judgment affirmed.

Costa v. Plainville Board of Education, AC 39204 (8/15/17)