Faulkner v. Patterson
Faulkner v. Patterson
Opinion
John Adam Faulkner, the minor son of Bonnie Faulkner, broke his leg while ice-skating on a field trip to the Alpine Ice Arena in Birmingham. The field trip was part of activities in a day camp sponsored by the Tuscaloosa City Board of Education; John Adam Faulkner was enrolled in the day camp. Mrs. Faulkner and John Adam Faulkner then sued the manager and owner of the Alpine Ice Arena, and they also sued the Tuscaloosa City Board of Education and several of its employees, including Paul Patterson, a day camp supervisor who was present at the time of the child's injury. The trial court entered a summary judgment for all the defendants. The Faulkners appeal only from the judgment entered in favor of Patterson on their claim that Patterson negligently supervised John Adam Faulkner during his trip to the ice-skating rink.
The dispositive issue is whether Patterson, as an employee of the Tuscaloosa City Board of Education, is entitled to qualified immunity.
Article I, § 14, Alabama Constitution (1901), provides that the State of Alabama shall not be made a defendant "in any court of law or equity"; this is the constitutional basis for the doctrine of sovereign immunity. This immunity may attach to an individual who, while acting as an agent of the State, is engaged in the exercise of a discretionary function; in other words, the individual may be entitled to qualified immunity.Nance v. Matthews,
In December 1991, John Adam, then six years old, was enrolled in a "Christmas Camp" day camp program organized by the Tuscaloosa City Board of Education. Mrs. Faulkner signed an application statement prior to her son's enrollment, whereby she expressly approved of his participation in the camp activities. Many activities were planned for the camp children, including a field trip to the Alpine Ice Arena in Birmingham for ice-skating. On December 27, 1991, John Adam Faulkner and the other children in the camp were taken to the Alpine Ice Arena; Patterson and three other members of the day camp staff supervised the children on the trip. Before the children entered the ice-skating rink, Patterson and the other *Page 875 staff members instructed the children that were inexperienced at ice-skating to hold onto the side rail of the rink while skating. One of the staff members helped John Adam put on the ice skates, and the child then skated onto the ice. While Patterson was obtaining snacks and skates for other children, John Adam fell and broke his leg; he testified that he slipped after letting go of the side wall. He did not know how to ice-skate; Mrs. Faulkner testified that she gave no notice to the day camp staff as to her son's lack of ice-skating experience.
Mrs. Faulkner claims that Patterson negligently supervised John Adam at the ice rink and that his negligence caused the child's injury. Patterson contends that he is immune from liability because, he argues, he was engaged in a discretionary function as an agent of the State; in addition, Patterson asserts that he did not negligently supervise John Adam.
In Coyle v. Harper,
Patterson was acting as an agent of the Tuscaloosa City Board of Education while supervising the children of the Christmas Camp. Municipal boards of education are local agencies of the State and partake of the State's sovereign immunity.Enterprise City Board of Educ. v. Miller,
Because we have determined that Patterson is entitled to qualified immunity, we pretermit discussion of other issues raised on appeal. The judgment of the trial court is affirmed.
AFFIRMED.
MADDOX, SHORES, HOUSTON and STEAGALL, JJ., concur.
Reference
- Full Case Name
- Bonnie Faulkner, as Mother and Next Friend of John Adam Faulkner v. Paul Patterson.
- Cited By
- 4 cases
- Status
- Published