Pearl Public School Dist. v. Groner, 1999-CA-02027-SCT.

• Citation: 784 So.2d 911
• Decision Date: 19 April 2001
• Docket Number: No. 1999-CA-02027-SCT.,1999-CA-02027-SCT.
• Parties: PEARL PUBLIC SCHOOL DISTRICT v. Rita GRONER.
• Court: United States State Supreme Court of Mississippi

784 So.2d 911

PEARL PUBLIC SCHOOL DISTRICT v. Rita GRONER.

No. 1999-CA-02027-SCT.

Supreme Court of Mississippi.

April 19, 2001.

Arthur F. Jernigan, Jr., Ronald Henry Pierce, Oxford, Attorneys for Appellant.

Michael P. Younger, Brandon, Attorney For Appellee.

BEFORE BANKS, P.J., SMITH and MILLS, JJ.

SMITH, Justice, for the Court:

¶ 1. This case had its genesis in February of 1996 when a fight occurred at a Pearl Public School ("the District") basketball game and Rita Groner ("Groner") was injured. In July of 1996, Groner filed a complaint against the District. Following a non-jury trial, the trial court entered its findings of fact and conclusions of law in favor of Groner and against the District in the amount of $45,000. Judgment was entered accordingly. The District filed its Notice of Appeal on December 7, 1999.

I.

¶ 2. Rita Groner is a long time supporter of Pearl High School. She and her husband frequently attended athletic events at the school. On February 6, 1996, Groner and her husband attended a basketball game between Pearl and Brandon that was being held in the Pearl High School gymnasium.

¶ 3. At the beginning of each school year, the Mississippi High School Activities Association requires each school to submit a security plan. The plan requires that two security officers be present at each sporting event. A copy of this security plan was not made part of the record. On the night of February 6, 1996, only one officer arrived for duty. Officer Jeffrey Williams, the attending officer, informed his reserve commander that he was the only officer at the school. Officer Williams made a judgment call that a second officer was not necessary. He testified that "everything looked pretty normal at that time." According to Dr. William Dodson, superintendent of the schools, it was the responsibility of the reserve officer to insure that the security plan was implemented.

¶ 4. Officer Williams was standing inside the gymnasium next to the basketball court when a fight broke out. According to Groner, the fight happened "in a blink of an eye." There was no evidence leading up to the fight that would have given any indication of trouble. Officer Williams testified that, even if a second officer had been present, the incident could not have been prevented.

¶ 5. During the fight, Groner was thrown from the stands onto the gymnasium floor. She sustained injuries to her fingers, hand, and wrist. Due to her injury, Groner has been through extensive physical therapy. She has two fingers that "don't work." Also, there is no rotation in her wrist. Groner testified that, according to her doctor, two future surgeries are necessary.

¶ 6. The trial court awarded a judgment in favor of Groner and against Pearl Public School District in the amount of $45,000. Pearl Public School District filed its Notice of Appeal on December 7, 1999. Finding that the trial court made no determination on ordinary care, we reverse and remand.

II.

¶ 7. The question of law before this Court is whether Pearl Public School District is immune from liability under the Mississippi Tort Claims Act ("MTCA"), Miss.Code Ann. §§ 11-46-1 to 23 (Supp. 2000). This Court's review of questions of law is de novo, and we will reverse for erroneous interpretation or applications of the law. Bank of Miss. v. Hollingsworth, 609 So.2d 422, 424 (Miss.1992)(citing Harrison County v. City of Gulfport, 557 So.2d 780, 784 (Miss.1990)).

III.

¶ 8. The first issue presented to this Court is whether the trial court erred in denying Pearl Public School District's Motion for a Directed Verdict pursuant to Miss.Code Ann. § 11-46-9? The Mississippi Tort Claims Act provides the exclusive civil remedy against governmental entities and employees for acts and omissions that give rise to suit. Miss.Code Ann. § 11-46-7(1). The District argues that pursuant to Miss.Code Ann. § 11-46-9(1)(d), (1)(g), and (1)(u) it is statutorily exempt from Groner's claims. Section 11-46-9 states that "a governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim based upon an act or omission enumerated therein." Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So.2d 1234, 1237 (Miss.1999).

Miss.Code Ann. § 11-46-9(1)(d)

¶ 9. Miss.Code Ann. § 11-46-9(1)(d) provides that a governmental entity and its employees will be exempt from liability:

. . . .

(d) Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused.

Miss.Code Ann. § 11-46-9(1)(d).

¶ 10. The United States Supreme Court has stated that if there is room for policy judgments and decision making, there is discretion. Dalehite v. United States, 346 U.S. 15, 73 S.Ct. 956, 97 L.Ed. 1427(1953). Similarly, this Court has held that "[a] duty is discretionary if it requires [an] official to use her own judgment and discretion in the performance thereof." L.W. v. McComb Separate Mun. Sch. Dist., 754 So.2d 1136, 1141 (Miss.1999) (citing T.M. v. Noblitt, 650 So.2d 1340, 1346 (Miss.1995)). Discretionary conduct alone is not an absolute bar to liability. Id. at 1141. When conduct is found to be discretionary, a determination of ordinary care must then be made before the statutory bar is raised.

¶ 11. In contrast, an act is ministerial if it is positively imposed by law and if the performance of the conditions imposed are not dependent on an officer's judgment or discretion. L.W., 754 So.2d at 1141 (citing Davis v. Little, 362 So.2d 642, 644 (Miss.1978)).

¶ 12. A factually similar case was presented to a Michigan court in 1989. In Giddings v. City of Detroit, 178 Mich.App. 749, 444 N.W.2d 242 (1989), the plaintiff, a volunteer teacher, was attacked and raped at a high school. She filed suit against the City, the Board of Education, the superintendent, the principal, the head of security and the security guards. The claim against the security guards was that they failed to follow or implement security procedures. There was no proof that the security guards acted in a supervisory or a decision-making role. The court held that the activities of school security guards were ministerial and did not entail discretionary decision making. "Although the task of patrolling the school may involve some decision-making, the essence of their tasks appears to have been the execution of decisions and to have involved only minor decision-making." They were therefore not entitled to governmental immunity from liability.

¶ 13. In a case recently before this Court, a school district was subjected to a negligence action when an altercation occurred on school property. Lang v. Bay St. Louis/Waveland Sch. Dist., 764 So.2d 1234 (Miss.1999). A student was injured while "scrambling" off a wall in order to avoid a fight between other students. Id. at 1235. In that case, the trial court held that "[s]ince there is no statutory requirement that a school district provide security on school premises, the court finds as a matter of law that any duty to do so requires the exercise and judgment of the school district." Id. at 1236. For that reason, the trial court held that the duty was discretionary. Id. When the case reached this Court, we held that school administrators and teachers are required, by statute, to hold students in strict account for disorderly conduct at school. Id. at 1241. For this reason, the school district's duty was ministerial and not discretionary.

¶ 14. More recently this issue was discussed in L.W. v. McComb Separate Mun. Sch. Dist., 754 So.2d 1136 (Miss.1999). In L.W., this Court held that public schools have a responsibility to provide a safe environment for students; therefore, ordinary care and reasonable steps must be taken to minimize risk to students. Id. at 1143-45. In other words, ordinary care must have been used before a school can use the statutory shield for immunity. Id. The issue of ordinary care is a fact question that should be decided in the trial court. Id. at 1142. This Court reversed and remanded L.W. to the trial court for a determination of whether ordinary care was used. Id. at 1143.

¶ 15. The Mississippi High School Activities Association regulates and provides guidelines for the schools to follow. It required, as part of its regulations, that Pearl High School provide a security plan for each athletic event. This was not a requirement that was imposed by statute; however, it was a regulation set up by the Mississippi High School Activities Association. The governing statute, Miss. Code Ann. § 37-9-69 (1996), refers to "statutes, rules and regulations." We do not find that the duty turns upon the issue of whether the function was discretionary or ministerial. Instead, L.W. stands for the proposition that the school district has a duty of ordinary care with respect to providing a safe environment for its patrons.

¶ 16. Miss.Code Ann. § 37-9-69 provides:

It shall be the duty of each superintendent, principal and teacher in the public schools of this state to enforce in the schools the courses of study prescribed by law or by the state board of education, to comply with the law in distribution and use of free textbooks, and to observe and enforce the statutes, rules and regulations prescribed for the operation of schools. Such superintendents, principals and teachers shall hold the pupils to strict account for disorderly conduct at school, on the way to and from school, on the playgrounds, and during recess.

Miss.Code Ann. § 37-9-69. Also, under Miss.Code Ann. § 37-13-91 our state requires that all children be enrolled in school. For this reason, this Court held in L.W. that it would only seem "logical" that ordinary care be required in administering our schools. L.W., 754 So.2d at 1142.

¶ 17. "[B]oth state and federal law support our conclusion that public schools have the responsibility to use...