Izard By and Through Izard v. Hickory City Schools Bd. of Educ., 8325SC750
| Decision Date | 05 June 1984 |
| Docket Number | No. 8325SC750,8325SC750 |
| Court | North Carolina Court of Appeals |
| Parties | , 17 Ed. Law Rep. 985 Michael Dwayne IZARD, a minor, By and Through his guardian ad litem, Eloise IZARD v. The HICKORY CITY SCHOOLS BOARD OF EDUCATION and Jack C. Ketner, H. Allen Mitchell, Charles Bagby, William P. Pitts, Billy L. McCurry, Lois Young, Ruebelle Newton, each individually and jointly and severally in their Official Capacities as members of said Board of Education; and College Park Jr. High School, and H. Donnell Havnaer, Jr., individually and in his Official Capacity as Principal, College Park Jr. High School, and Boyce R. Roberts, individually and in his Official Capacity as Instructor, Industrial Arts Class, College Park Jr. High School; Other persons, whose names are presently unknown, individually and in their Official Capacities as Employees of the Hickory City School System, and their Agents, and Subordinates and Employees. |
Harbinson, Harbinson & Parker by Jason R. Parker, Hickory, for plaintiffs-appellants.
Petree, Stockton, Robinson, Vaughn, Glaze & Maready by G. Gray Wilson, Winston-Salem, for defendant-appellee.
Plaintiffs contend that the trial court erred in granting defendant Roberts' motion for summary judgment in that different inferences could have been drawn as to whether Roberts' negligence or Michael Izard's own contributory negligence was the proximate cause of Izard's injury. We disagree and affirm the order of the trial court.
In order to recover for negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) proximate cause of the injury. Matthieu v. Piedmont Natural Gas Co., 269 N.C. 212, 152 S.E.2d 336 (1967). In addition, North Carolina case law has stated that a teacher has a duty to abide by that standard of care "which a person of ordinary prudence, charged with his duties, would exercise under the same circumstances." Kiser v Snyder, 21 N.C.App. 708, 710, 205 S.E.2d 619, 621 (1974) (quoting Luna v. Needles Elementary School District, 154 Cal.App.2d 803, 316 P.2d 773 (1957)). That duty generally amounts to an obligation to warn a student of known hazards, particularly those dangers which he may not appreciate because of inexperience. Id.
In the case at bar, defendant Roberts gave Izard and his classmates a 20 minute review session about the proper use and operation of the power saw in question, including specific instruction as to all necessary safety precautions. Izard was required to view this instruction despite his protests that he was already familiar with the proper use of the saw as a result of his experience at Swannanoa Training School. Moreover, Roberts spent another 20 minutes using Izard's wood to demonstrate how to measure, cut, and glue the wood properly. In accordance with regular procedure, Roberts then told the class that if any student did not wish to use the machinery, Roberts would make the necessary cuts himself. We find this evidence establishes that Roberts did not violate the standard of care required of him by law.
Defendant Roberts contends that the evidence presented to the trial court showed that Michael Izard's injury was the result of his own contributory negligence rather than any negligence on the part of Roberts. We agree. A 14-year-old boy is presumed capable of contributory negligence to the same extent as an adult in the absence of evidence that he lacked the capacity, discretion and experience which would ordinarily be possessed by a boy of that age. Welch v. Jenkins, 271 N.C. 138, 155 S.E.2d 763 (1967). All the evidence indicates that, at the time of the accident, Michael Izard was a normal 14-year-old boy of ordinary capacity, discretion and experience. He was, therefore, capable of contributory negligence.
We recognize the principle that summary judgment is not often awarded with regard to negligence cases, but is appropriate only in...
To continue reading
Request your trial
-
Roberts v. Robertson County Bd. of Educ.
...652, 654 (1968); Swartley v. Seattle School District No. 1, 70 Wash.2d 17, 421 P.2d 1009, 1011 (1966); Izard v. Hickory City Schools Board of Education, 315 S.E.2d 756, 757 (N.C.App.1984); and Matteucci v. High School District No. 208, County of Cook, 4 Ill.App.3d 710, 281 N.E.2d 383, 386 (......
-
Daniel v. City of Morganton
...of ordinary prudence, charged with his duties, would exercise under the same circumstances.' " Izard v. Hickory City Schools Bd. of Education, 68 N.C.App. 625, 626-27, 315 S.E.2d 756, 757 (1984) (citation omitted). In the present case, we believe defendant Gober breached her duty owed to pl......
-
Jenkins v. Lake Montonia Club, Inc.
...clearly that no other reasonable conclusion may be reached is summary judgment to be granted. Izard v. Hickory City Schools Bd. of Education, 68 N.C.App. 625, 627-28, 315 S.E.2d 756, 758 (1984). In order for plaintiff to recover from defendant for his injuries, he must show defendant breach......
-
Royal v. Armstrong, No. COA99-255.
...of ordinary prudence, charged with his duties, would exercise under the same circumstances.'" Izard v. Hickory City Schools Bd. of Education, 68 N.C.App. 625, 626-27, 315 S.E.2d 756, 757-58 (1984) (quoting Kiser v. Snyder, 21 N.C.App. 708, 710, 205 S.E.2d 619, 621 (1974) (citation While an ......