 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Etheredge v. Richland School District One6/26/2000
ss negligence has also been defined as a relative term, and means the absence of care that is necessary under the circumstances. Hollins v. Richland County School District One, 310 S.C. 486, 427 S.E.2d 654 (1993). Additionally, while gross negligence ordinarily is a mixed question of law and fact, when the evidence supports but one reasonable inference, the question becomes a matter of law for the court. Clyburn, supra.
Summary judgment is appropriate when it is clear that there is no genuine issue of material fact and the conclusions and inferences to be drawn from the facts are undisputed. SSI Medical Services. Inc. v. Cox, 301 S.C. 493, 392 S.E.2d 789 (1990). In ruling on a motion for summary judgment, the evidence and the inferences which can be drawn therefrom should be viewed in the light most favorable to the nonmoving party. Id.
In Clyburn, supra, we affirmed the decision of the Court of Appeals and the lower court granting summary judgment to the School District. We held that the School District was not grossly negligent as a matter of law in its handling of a dispute between a student and a non-student where the non-student attacked the student on a school bus with a knife. After hearing of the initial altercation on the bus, the school bus administrator called the student and the non-student's sister into the office to discuss the situation, warned the sister that the non-student sister would face criminal charges if she boarded the bus again and attempted to contact the parents. The bus driver watched for the non-student and stated she would not stop the bus if she saw the non-student. We found that the intervention showed that the School District exercised at the very least "slight care."
In Hollins, supra, we found that whether the School District exercised "slight care" in sending a note home with an eleven-year old student who lost her bus privileges was a question for the jury. The suspension notice was given to the child and not directly to her mother. While walking home, the eleven-year old was fatally struck by an automobile while attempting to cross the highway. We said that the school itself created the risk by failing to give adequate notice to the parent about the suspension. We took notice of the age difference between the parties and distinguished the steps taken by the administrators in Clyburn to control the situation.
In this case, the students were high school age and the School District had no direct knowledge or notice of the animosity between Dunlap and Floyd. The only reasonable inference that can be drawn is that the School District, at the very least, exercised "slight care" to ensure the safety of its students. The principal, assistant principal and the two security monitors constantly monitored the hallways and were in constant contact with each other by walkie talkies. The teachers stood in their doorways to watch students during the change of class. Some of the doors were locked to limit the flow of traffic. A list of suspended students were circulated daily. There was an intervention system set up to help resolve conflicts between the students. At the very least, "slight care" was taken.
Brown's affidavit describes what he finds to be deficiencies at Eau Claire, but there is no evidence in Brown's affidavit that links these deficiencies or the School District's failure to provide him with a uniform, night stick or to properly train him to the prevention of this tragic incident. Further, the fact that the School District might have done more does not negate the fact that it exercised "slight care."
The School District also argues that the Court of Appeals erroneously interpreted the School District's An
Page 1 2 3 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|