The plaintiff was injured when she fell off of a tunnel that she was climbing on at her elementary school’s playground. She sued the town board of education and other school employees, alleging that the school employees were negligent in failing to supervise the students during recess.
In granting the defendants’ motion for summary judgment, the Court found that the plaintiff failed to proffer a written directive establishing that ministerial duty, and thus defendants were entitled to discretionary act immunity. Two teachers testified that there were no defined procedures regarding how to supervise students during recess. The plaintiff also failed to establish that the identifiable person-imminent harm exception applied because she could not show that the mere act of climbing on the tunnel created a risk of imminent harm, even where climbing on top of the tunnel was improper use of the equipment.
Panarella v. Greenwich Board of Education, CV16-6028575 (10/31/17)