Salyers v. Burkhart, 74-1031
| Decision Date | 24 December 1975 |
| Docket Number | No. 74-1031,74-1031 |
| Citation | 339 N.E.2d 652,44 Ohio St.2d 186 |
| Parties | , 73 O.O.2d 482 SALYERS et al., Appellees, v. BURKHART, Appellant. |
| Court | Ohio Supreme Court |
'1. At all times mentioned herein defendant, David Burkhart, was employed by defendant, Board of Education, Continental Local School District of Continental, and was acting within the scope of his employment.
Both appellant and the board filed motions to dismiss on the ground the complaint failed to state a claim upon which relief could be granted. The trial court sustained the motions, and found the board to be immune from tort liability while engaged in the performance of a governmental function. It held further that Burkhart did not act maliciously or deliberately, and was not liable in tort when acting within the scope of his employment involving the exercise of judgment and discretion.
The Court of Appeals affirmed the dismissal of the complaint filed against the board. However, it reversed the dismissal of the complaint against Burkhart, stating:
'We conclude that there is no Ohio authority which authoritatively extends the cloak of governmental immunity to a teacher, and that the general rule provides that teachers are individually liable for their own torts.
'The complaint in the present case, therefore, does not on its face affirmatively establish that no set of facts warranting recovrery can be ultimately established by the evidence.'
The cause against Burkhart was remanded to the Court of Common Pleas for further proceedings and is now before this court pursuant to the allowance of a motion to certify the record.
Weaner, Hutchinson, Zimmerman & Bacon and John W. Weaner, Defiance, for appellees.
Schroeder & Schroeder, George E. Schroeder, Ottawa, Williams, Deeg, Ketcham, Booker & Obetz and James D. Booker, Columbus, for appellant.
The motion to certify the record in this cause was allowed because of the breadth of the holding in the Court of Appeals and...
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...Ohio App.2d 90, 352 N.E.2d 156 (1974) (teacher liable for torts as duties ministerial and not protected by immunity), aff'd, 44 Ohio St.2d 186, 339 N.E.2d 652 (1975). 18 We agree with these cases, and find that the duty to supervise high school students is generally ministerial in nature. P......
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Baird v. Hosmer, 75-1018
...exercise reasonable care in the performance of her duties states a valid cause of action against the teacher. Cf. Salyers v. Burkhart (1975), 44 Ohio St.2d 186, 339 N.E.2d 652. Initially, appellant submits that the degree of tort immunity afforded boards of education 1 should be extended to......
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Stewart v. Baldwin County Bd. of Educ.
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