Earlier this month, an appellate court issued a written opinion in a Georgia wrongful death lawsuit involving the death of a student while at school. The case presented the court with the opportunity to discuss the state’s official immunity doctrine as it applied to the defendant teacher’s decision to leave her classroom and ask another teacher to keep an eye on her students.
Ultimately, the court concluded that the school’s written policy to “never” leave the students unsupervised left some discretion in the hands of teachers. Thus, the teacher’s actions in leaving the class were discretionary, and she was entitled to official immunity.
The Facts of the Case
The plaintiffs were the parents of a student who died after falling and breaking his collarbone while in class. At the time of the accident, the teacher in charge of the class had left momentarily and had asked the teacher of a neighboring classroom to keep an eye on her students.