 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Marquez v. Gomez5/23/1991
affirming summary judgment in favor of the coach and the father, said: "The reasonableness of their conduct is especially
clear in light of the social utility of said conduct -- namely, the value of the services of volunteers in a youth sports program to the community in which they participate." Id. at 617.
In Hammond v. Scott, 268 S.C. 137, 232 S.E.2d 336 (1977), a student was struck in the eye by a nail thrown by another student during their woodworking class. In upholding summary judgment in favor of the teacher, the South Carolina Supreme Court held that the teacher was not negligent in failing to be present in the woodworking class at the moment of the accident. The court noted that it was impossible for a teacher to personally supervise each student under his care every moment of the school day. The court added that " teacher must necessarily rely, to some extent, on the responsibility and maturity of his students to conduct themselves in a proper and safe manner." Id. at 143, 232 S.E.2d at 339. Accord Weldy v. Oakland High School Dist. of Alameda County, 19 Cal.App.2d 429, 65 P.2d 851 (1937) (absent knowledge of rowdyism, school officials not negligent where student at football game struck by bottle thrown by fellow student); Banks v. Terrebonne Parish School Bd., 339 So.2d 1295 (La.Ct.App.1976) (affirmed dismissal of action on behalf of child against physical education instructor and other school officials where child injured when engaged in tumbling activities on his own accord prior to his physical education class); Clark v. Furch, 567 S.W.2d 457 (Mo.Ct.App.1978) (ordinary care does not require having each student constantly and continuously in sight; such would be impossible).
Similarly, in this case, where the coach gave explicit instructions not to ride on the bumper but to ride inside the camper, coupled with an absence of any showing that the decedent had ever previously failed to obey the direct instructions of the coach, fails to rebut the coach's prima facie showing of entitlement to summary judgment. Accordingly, we affirm the trial court's order granting summary judgment in favor of the coach.
C. Little League
Lastly, we address plaintiffs' claim on appeal that the trial court erred in granting summary judgment in favor of Little League. Plaintiffs also alleged in their complaint that at the time of the accident the coach and Felipe Gomez were acting as the agents or employees of Little League. Since we have determined that the trial court properly granted summary judgment as to the coach, and plaintiffs' claim of liability as asserted in their complaint against Little League is contingent upon a determination that material factual issues exist as to whether the coach acting as an agent or employee of Little League negligently failed to supervise team members, it follows that the trial court's award of summary judgment as to Little League was also proper.
Conclusion
The orders granting summary judgment are reversed as to defendants Felipe Gomez and his parents. The trial court's award of summary judgment as to the coach and Little League are affirmed.
IT IS SO ORDERED.
Page 1 2 3 4 5 6 7 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|