Sanders v. Kuna Joint School Dist.

• Decision Date: 16 June 1994
• Docket Number: No. 20720,20720
• Citation: 125 Idaho 872,876 P.2d 154
• Parties: , 92 Ed. Law Rep. 656 Josh SANDERS, Plaintiff-Appellant, v. KUNA JOINT SCHOOL DISTRICT and Mr. "John Doe" Emery, Defendants-Respondents.
• Court: Idaho Court of Appeals

Page 154

876 P.2d 154

125 Idaho 872, 92 Ed. Law Rep. 656

Josh SANDERS, Plaintiff-Appellant, v. KUNA JOINT SCHOOL DISTRICT and Mr. "John Doe" Emery, Defendants-Respondents.

No. 20720.

Court of Appeals of Idaho.

June 16, 1994.

Egusquiza & Weigt, Boise, for appellant. Dennis C. Weigt, argued.

Quane, Smith, Howard & Hull, Boise, for respondents. Scott B. Muir, argued.

PERRY, Judge.

Josh Sanders appeals from a district court order granting summary judgment in favor of the respondents, Kuna Joint School District and Ron Emry. ¹ For the reasons stated below, we affirm the judgment.

FACTS AND PROCEDURE

The underlying facts of this lawsuit are generally agreed upon by all of the parties. On May 15, 1990, Josh Sanders, a student at Kuna High School, attempted to slide into first base during a softball game and broke his ankle. Sanders had been enrolled in a specialized physical education class which provided instruction in weight lifting. On the date of the incident, the instructor, respondent Ron Emry, decided to have the class play softball outside instead of weight lifting. The students were not informed of this decision until after they appeared in the school's weight room. According to Sanders, on that particular day he was wearing a pair of "Saucony Shadows," a shoe designed specifically for running. Once on the softball field, Emry did not give instruction in the game of softball and supervised the game from behind a backstop. During one particular sequence of play, Sanders attempted to slide into first base in order to avoid being tagged out. During the slide, Sanders broke his ankle.

Following proper notice as required by I.C. §§ 6-901 et seq., Sanders filed suit against Emry and the school district as Emry's employer. Sanders claimed that Emry had been negligent by requiring the students to play softball, by failing to adequately supervise the students, including inspecting their footwear, and by failing to properly instruct the students on how to play softball.

After initial discovery was completed, the respondents filed a motion for summary judgment on grounds that, accepting the truth of Sanders' evidence, it did not prove a claim of negligence as a matter of fact. The district court granted the respondents' motion. Sanders now appeals to this Court, claiming that the district court improperly granted the summary judgment.

ANALYSIS

We first note that summary judgment under I.R.C.P. 56(c) is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. On appeal, we exercise free review in determining whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Edwards v. Conchemco, Inc., 111 Idaho 851, 852, 727 P.2d 1279, 1280 (Ct.App.1986). When assessing the motion for summary judgment, all controverted facts are to be liberally construed in favor of the nonmoving party. Furthermore, the trial court must draw all reasonable inferences in favor of the party resisting the motion. G & M Farms v. Funk Irrigation Co., 119 Idaho 514, 517, 808 P.2d 851, 854 (1991).

The party moving for summary judgment initially carries the burden to establish there is no "genuine issue of material fact" and that he or she is entitled to judgment as a matter of law. Eliopulos v. Knox, 123 Idaho 400, 404, 848 P.2d 984, 988 (Ct.App.1992). When the party moving for summary judgment will not carry the burden of production or proof at trial, the "genuine issue of material fact" burden may be met by establishing the absence of evidence on an element that the nonmoving party will be required to prove at trial. Once such an absence of evidence has been established, ² the burden then shifts to the party opposing the motion to establish, via further depositions, discovery responses or affidavits, that there is indeed a genuine issue for trial, or to offer a valid justification for the failure to do so under I.R.C.P. 56(f).

The United States Supreme Court, in interpreting Federal Rule of Civil Procedure 56(c), which is identical in all relevant aspects to I.R.C.P. 56(c), stated:

In our view, the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be "no genuine issue as to any material fact," since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. The moving party is "entitled to a judgment as a matter of law" because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof. "[T]h[e] standard [for granting summary judgment] mirrors the standard for a directed verdict under Federal Rule of Civil Procedure 50(a)...."

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986) (citations omitted).

The language and reasoning of Celotex has been adopted by the appellate courts of Idaho. See, e.g., G & M Farms, supra; Barab v. Plumleigh, 123 Idaho 890, 892, 853 P.2d 635, 637 (Ct.App.1993); Podolan v. Idaho Legal Aid Services, Inc., 123 Idaho 937, 941, 854 P.2d 280, 284 (Ct.App.1993); Ryan v. Beisner, 123 Idaho 42, 44-45, 844 P.2d 24, 26-27 (Ct.App.1992).

In this case, Sanders would bear the burden of proof at trial to establish the elements of negligence. In Idaho, a cause of action in negligence requires proof of the following: (1) the existence of a duty, recognized by law, requiring the defendant to conform to a certain standard of conduct; (2) a breach of that duty; (3) a causal connection between the defendant's conduct and the resulting injury; and (4) actual loss or damage. Black Canyon Racquetball Club, Inc. v. Idaho First Nat'l Bank, N.A., 119 Idaho 171, 175-76, 804 P.2d 900, 904-05 (1991).

The respondents contended in their summary judgment motion that Sanders had failed to offer sufficient proof of causation. In order to properly analyze the evidence of causation, we must look separately at the negligent instruction and negligent supervision claims.

As to the negligent instruction claim, we agree with the district court that the record reveals a lack of evidence as to causation. Sanders simply claims that Emry failed to instruct the students in the game of softball and that such a failure caused the injury. Sanders does not, however, offer any evidence as to what the instructions should have been, how such instructions would have...