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Hill v. Safford Unified School District12/30/1997
anyone. The power to discipline Scott Fast by detaining him would be through to the Juvenile Court, not the school district . . .
The school district did not have the power to lock Scott Fast up, and that is really the only way that this death could have been prevented.
In sum, the evidence here simply does not support appellant's assertions that the shooting was "foreseeable" and "probable." Rather, on the record before us, this is that rare case where it can be said "as a matter of law Defendant could not have taken reasonable measures that probably would have prevented the attack." Martinez, 189 Ariz. at 212, 941 P.2d at 224.
Conclusion
Although we agree with appellant that the school owed a duty of reasonable care to Hill, our review of the record and the applicable precedents leads us to conclude as a matter of law that the school did not breach that duty, nor did it violate its supervisory duties under A.R.S. ยง 15-341. In view of our resolution of these issues, we need not address the question whether Fast's criminal act was an intervening, superseding event, as appellees argued below and on appeal. Because Hill's death was not reasonably foreseeable and did not result from an unreasonable risk created by the school or Andrews, the trial court properly granted summary judgment for the appellees.
Affirmed.
PHILIP G. ESPINOSA, Judge
CONCURRING:
JOHN PELANDER, Presiding Judge
JOSEPH W. HOWARD, Judge
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