Stanfield v. Reading Bd. of Educ.
Stanfield v. Reading Bd. of Educ.
Opinion
{¶ 1} Plaintiffs-appellants Nicholas Stanfield and Sandra Hale appeal the decision of the trial court granting summary judgment to defendant-appellee Reading Board of Education (the "Board") on appellants' personal-injury complaint, arising from injuries Stanfield sustained during track-and-field practice. Because we determine that the trial court erred in granting political-subdivision immunity to the Board on the entirety of appellants' complaint, we reverse a portion of the trial court's judgment.
I. Factual Background and Procedural Posture
{¶ 2} In 2014, Stanfield, then a senior at Reading High School, participated in the school's track-and-field program in the discus event. Reading's track-and-field students practiced at Reading Veteran's Memorial Stadium (the "stadium facility"). The Board does not own the stadium facility-it is owned by the City of Reading. The stadium facility contained a discus area, consisting of a discus "cage" and a concrete pad. The cage area was marked by a series of poles. At the start of the first practice of the track-and-field season, Reading's discus coach, with the aid of students, retrieved netting from a shed on the facility and secured the netting to the poles with ties. The discus coach instructed the students to stay behind the netting while another student was throwing the discus. According to Stanfield, the netting gaped near the poles and had several holes. Several days later, on March 17, 2014, during discus practice, Stanfield suffered a severe head injury when a discus thrown by another student hit Stanfield in the head.
{¶ 3} Stanfield and his mother, Hale, filed a complaint for money damages against the City of Reading, the Board, and several John Doe defendants. The City of Reading filed a motion for summary judgment, arguing in part that it was immune from liability under Ohio's recreational-user statute. The Board also filed a motion for summary judgment, arguing that it was immune from liability under Ohio's Political Subdivision Tort Liability Act. In relevant part, the Board argued that it was entitled to the general grant of immunity under R.C. 2744.02(A)(1), and that the only exception to immunity that could arguably apply would be R.C. 2744.02(B)(4), the physical-defect exception. However, the Board argued that because it did not own the stadium facility, Stanfield's injury did not occur on school grounds and the Board could not be held liable under this exception.
{¶ 4} The trial court granted the summary-judgment motions of the City of Reading and the Board. Stanfield and Hale appeal the trial court's decision with respect to the Board only.
II. Political-Subdivision Immunity
{¶ 5} In a single assignment of error, appellants argue that the trial court erred in granting summary judgment to the Board. This court conducts a de novo review of a trial court's summary-judgment decision, applying the standards set forth in Civ.R. 56.
See
Grafton v. Ohio Edison Co.
,
{¶ 6} As an initial matter, we note that a political subdivision, such as a public-school board, acts through its employees.
Elston v. Howland Local Schools
,
III. Physical-Defect Exception to Immunity
{¶ 7} Appellants do not dispute that the Board is a political subdivision and that the operation of a public school's athletic program is a governmental function. See R.C. 2744.01(F) and (C)(2)(c). Therefore, appellants agree that the Board is entitled to the general grant of immunity under R.C. 2744.02(A)(1). Appellants also agree that R.C. 2744.02(B)(4), the physical-defect exception, is the only exception to the general grant of immunity which would apply in this case. Therefore, we begin our legal analysis with the physical-defect exception.
{¶ 8} R.C. 2744.02(B)(4) provides in relevant part that "[p]olitical subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of their employees and that occurs within or on the grounds of, and is due to physical defects within or on the grounds of, buildings that are used in connection with the performance of a governmental function * * *."
{¶ 9} In support of its motion for summary judgment, the Board argues that the physical-defect exception requires that an injury occur on the grounds of the Board's property. In support of this proposition, the Board cites two cases from the Tenth Appellate District,
Bush v. Beggrow
, 10th Dist. Franklin No. 03AP-1238,
{¶ 10} The facts of Slane are similar to those in Bush . In Slane , a student was crossing a public street at a crosswalk on her way to school when she was injured. The school-zone "flashers" for the crosswalk were not working or not activated, and the pedestrian "walk/don't walk" signals were also not working. The student filed a complaint against the city of Hilliard and the Hilliard City School District. As to the school district, the student argued that the district had been negligent in failing to illuminate school-zone signs and in failing to maintain the "walk/don't walk" signal for the before-school period. In affirming the trial court's decision in favor of the school district, the Tenth District determined that the student had sustained her injury "on a public roadway and not within the grounds of buildings the district uses in connection with the performance of its governmental function." Slane at ¶ 42.
{¶ 11} The Board argues that
Bush
and
Slane
held that a student's injury must take place on school grounds, and in this case, because the Board does not own the stadium facility, the city does, the physical-defect exception cannot apply to the Board. In
Bush
and
Slane
, the undisputed evidence showed that the injured students had been injured on public roadways-not on the "grounds of * * * buildings that are used in connection with the performance of a governmental function[,]" as required by the physical-defect exception.
See
R.C. 2744.02(B)(4). To the extent that
Bush
can be read to require that the injury occur on school-owned property, we disagree. Moreover,
Slane
actually relies on the plain language of R.C. 2744.02(B)(4), which does not require the political subdivision to own the property where the injury occurs. The statute does not speak to "ownership," but requires only that the injury or loss occur within or on the grounds of buildings "used in connection with the performance of a governmental function."
{¶ 12} In this case, the evidence in the record indicates that Stanfield was injured on the grounds of a building used in connection with the performance of a governmental function. The parties have agreed that the school's track-and-field program is a governmental function. Moreover, Stanfield testified that the stadium facility, where all football and track events were held for the high school, had contained a shed with a garage door where the discus netting had been kept. Therefore, the record indicates a building on the grounds.
See
R.K.
,
{¶ 13} The Board warns that if it is held liable for the student's injury in this case, school districts will be subject to liability for defects wherever a school activity might take place, regardless of the school district's affiliation with the location. This is not so. R.C. 2744.02(B)(4) requires that the injury or loss occur (1) due to employee negligence, (2) within or on the grounds of a building used in connection with the performance of a governmental function, and (3) because of a physical defect within or on the grounds.
See
R.K.
,
{¶ 14} The Board also summarily argues that appellants have been unable to show that the netting constitutes a "physical defect." In
R.K.
, we defined physical defect as "a perceivable imperfection that diminishes the worth or utility of the object at issue."
R.K.
,
IV. Defenses to Reinstate Immunity
{¶ 15} The Board contends that even if the physical-defect exception applies to impose liability upon the Board for its employees' negligence, immunity for the Board would be restored by R.C. 2744.03(A)(3) and (A)(5). R.C. 2744.03(A)(3) restores immunity for a political subdivision "if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion of the employee with respect to policy-making, planning, or enforcement powers by virtue of the duties and responsibilities of the office or position of the employee." R.C. 2744.03(A)(5) restores immunity for a political subdivision if the injury or loss "resulted from the exercise of judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner." The Board argues that the track-and-field coaches had discretion with respect to instruction and supervision of the students, as well as the equipment used for practice.
{¶ 16} R.C. 2744.03(A)(3) and (A)(5) defenses are meant to protect the exercise of discretion and judgment, and not those decisions requiring little discretion or independent judgment.
R.K.
,
A. Inadequate-Supervision Claims
{¶ 17} Two claims in appellants' complaint allege that the Board failed to adequately supervise the track-and-field events. These inadequate-supervision claims fall within R.C. 2744.03(A)(5) regarding the exercise of judgment or discretion in determining use of school personnel.
See
Elston
,
However, even if claims fall within the exercise of discretion or judgment under R.C. 2744.03(A)(5), political-subdivision immunity can be lost once again if the exercise of judgment or discretion "was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner."
See
R.C. 2744.03(A)(5). Although appellants allege in their complaint that the Board acted recklessly with respect to supervising the students, nothing in the record indicates that the Board consciously disregarded or showed an indifference to an obvious risk of harm to the students, which amounted to unreasonable conduct under the circumstances.
See
Anderson v. Massillon
,
B. Defective-Netting Claims
{¶ 18} The remainder of appellants' claims allege that Stanfield's injuries resulted from defective netting. In
R.K.
, we considered whether the maintenance of tree limbs on a county-owned golf course involved judgment or discretion under R.C. 2744.03(A)(3) and (A)(5). We determined that allegations that a park district failed to maintain a tree limb was not a discretionary decision, and therefore neither R.C. 2744.03(A)(3) nor (A)(5) applied.
R.K.
,
V. R.C. 2744.03(A)(6) is Inapplicable
{¶ 19} Finally, the Board argues that appellants have not shown that an employee of the Board could be found liable under R.C. 2744.03(A)(6). We interpret the Board's argument to mean that the Board is entitled to immunity because an employee would be entitled to immunity under R.C. 2744.03(A)(6). R.C. 2744.03(A)(6) provides immunity to individual employees for negligent actions and omissions.
See
Massillon
at ¶ 18. R.C. 2744.03(A)(6) applies to claims against an individual employee-not the political subdivision.
See
Fabrey v. McDonald Village Police Dept.
,
VI. Conclusion
{¶ 20} In conclusion, although the Board is entitled to the general grant of immunity as a political subdivision under R.C. 2744.02(A)(1), we determine that the physical-defect exception under R.C. 2744.02(B)(4) applies to abrogate the Board's immunity. As to Counts 13 and 17 of appellants' complaint, which allege that the Board failed to provide adequate supervision of the students, we determine that immunity for the Board is reinstated under R.C. 2744.03(A)(5), and thus we hold that the trial court did not err in granting summary judgment to the Board as to Counts 13 and 17. With respect to the remainder of appellants' claims against the Board, which arise from allegations of defective netting, we hold that the trial court erred in granting summary judgment to the Board. Therefore, we sustain appellants' assignment of error in part, and we reverse the judgment of the trial court with respect to all claims against the Board, except Counts 13 and 17.
Judgment affirmed in part, reversed in part, and cause remanded.
Mock, P.J., and Cunningham, J., concur.
Reference
- Full Case Name
- Nicholas James STANFIELD, and Sandra Lynn Hale, Plaintiffs-Appellants, v. READING BOARD OF EDUCATION, Defendant-Appellee, and City of Reading, Ohio, Defendant.
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- IMMUNITY - POLITICAL SUBDIVISION: The trial court erred in granting summary judgment to defendant board of education on the entirety of plaintiffs' complaint arising from injuries a high-school student suffered during track-and-field practice by an errantly-thrown discus: the physical-defect exception to political-subdivision immunity, R.C. 2744.02(B)(4), does not require that the political subdivision own the grounds where the injury occurs, and therefore, the physical-defect exception applied to plaintiffs' claims alleging that the discus-cage netting had holes and gaped, leading to the student's injury however, the board of education is immune under R.C. 2744.03(A)(5) with regard to plaintiffs' claims that the board failed to adequately supervise the students during track-and-field practice.