Sherer v. Pocatello School Dist. # 25

• Citation: 148 P.3d 1232
• Decision Date: 17 November 2006
• Docket Number: No. 31681.,31681.
• Parties: Alyssa SHERER, a minor, and Nicole Santillanes, guardian, Plaintiffs-Appellants, v. POCATELLO SCHOOL DISTRICT # 25, and Does I-V, Defendants-Respondents.
• Court: United States State Supreme Court of Idaho

148 P.3d 1232

Alyssa SHERER, a minor, and Nicole Santillanes, guardian, Plaintiffs-Appellants, v. POCATELLO SCHOOL DISTRICT # 25, and Does I-V, Defendants-Respondents.

No. 31681.

Supreme Court of Idaho, Eastern Idaho, October 2006 Term.

November 17, 2006.

COPYRIGHT MATERIAL OMITTED

David E. Gabert, Pocatello, for appellants. Curtis N. Holmes argued.

Anderson, Julian & Hull, LLP, Boise, for respondents. Brian K. Julian argued.

SCHROEDER, Chief Justice.

Alyssa Sherer and Nicole Santillanes ("Alyssa" or "Appellants") appeal from the district court's order granting summary dismissal of their claims against Pocatello School District No. 25 based on the Idaho Tort Claims Act, Idaho Code §§ 6-901 et seq.

I. FACTUAL AND PROCEDURAL BACKGROUND

Alameda Junior High School sponsored a carnival to celebrate the last day of the school year and hired Cliffhanger Recreation, a local business, to provide activities for the students. One of the activities was a "bungee run," in which participants donned a harness tethered to a fixed object by a bungee cord. Participants ran on an inflated rubberized surface to see who could reach the farthest point before being snapped back by the bungee cord. Alyssa Sherer, a student at the school, was injured while participating in the bungee run.

Alyssa and her mother, Nicole Santillanes, filed suit on November 3, 2003 against Pocatello School District No. 25 alleging that the injury was proximately caused by the school's negligence. The verified complaint listed various acts and omissions of the school district which they allege breached the school district's duty to make reasonable efforts to avoid endangering students and to protect their health. The complaint alleged as a separate cause of action that the school district was per se negligent in failing to fulfill its statutory duty under I.C. § 33-512(4) to protect the health of its students. Shaylon and Roma Christiansen, who owned and operated Cliffhanger Recreation, were also named as defendants but are not part of this appeal. They have settled the claim against them and obtained a stipulated release agreement which may have an effect upon the claim against the school district.

The school district moved for summary judgment on the grounds that it was immune from tort liability under section 6-904A of the Idaho Tort Claims Act which provides limited immunity for injuries caused by persons "under supervision, custody or care of a governmental entity." The district court granted the motion, finding that the school's conduct did not rise to the level of recklessness and holding that the school district was therefore immune from liability under section 6-904A. The Appellants' motion for reconsideration was denied. They appeal to this Court, arguing that the district court erred in finding the school district was immune from liability for negligence, and that a material issue of fact exists as to whether the school's conduct was reckless.

II. STANDARD OF REVIEW

In an appeal from a grant of summary judgment, this Court's standard of review is the same as the district court's standard in ruling upon the motion. Hei v. Holzer, 139 Idaho 81, 84-85, 73 P.3d 94, 97-98 (2003). Summary judgment is proper if "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." I.R.C.P. 56(c). This Court exercises free review in determining whether a genuine issue of material fact exists and whether the prevailing party was entitled to judgment as a matter of law. Andersen v. Prof'l Escrow Servs., Inc., 141 Idaho 743, 745-46, 118 P.3d 75, 77-78 (2005). Interpretation of a statute is a question of law over which the Court exercises free review. Carrier v. Lake Pend Oreille Sch. Dist. No. 84, 142 Idaho 804, 807, 134 P.3d 655, 658 (2006).

For purposes of summary judgment, the evidence is construed liberally and all reasonable inferences are drawn in favor of the nonmoving party, and the moving party bears the burden of proving the absence of material fact issues. Hei, 139 Idaho at 84-85, 73 P.3d at 97-98. Once the moving party establishes the absence of a genuine issue of material fact, the burden shifts to the nonmoving party, who must then come forward with sufficient evidence to create a genuine issue of material fact. Id. A party opposing a motion for summary judgment "may not rest upon the mere allegations or denials of that party's pleadings, but the party's response . . . must set forth specific facts showing that there is a genuine issue for trial." I.R.C.P. 56(e). Such evidence may consist of affidavits or depositions, but "the Court will consider only that material . . . which is based upon personal knowledge and which would be admissible at trial." Harris v. State, Dep't of Health & Welfare, 123 Idaho 295, 297-98, 847 P.2d 1156, 1158-59 (1992). Even circumstantial evidence can create a genuine issue, but a mere scintilla of evidence is insufficient. Id.

III. THE TORT CLAIMS ACT

Under the Idaho Tort Claims Act (ITCA), I.C. §§ 6-901 et seq., state governmental entities that commit torts may generally be held liable for money damages to the same extent a private person would be liable under the circumstances:

Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions . . . where the governmental entity if a private person or entity would be liable for money damages under the laws of the state of Idaho . . . .

I.C. § 6-903.

A plaintiff seeking to recover on a tort claim against a governmental entity must survive three stages of analysis. Rees v. State, Dept. of Health & Welfare, 143 Idaho 10, 14-15, 137 P.3d 397, 401-02 (2006); Carrier, 142 Idaho at 806-07, 134 P.3d at 657-58; see also Czaplicki v. Gooding Joint Sch. Dist. No. 231, 116 Idaho 326, 330, 775 P.2d 640, 644 (1989). First, the plaintiff must state a cause of action for which tort recovery would be allowed under the laws of Idaho, that is, "whether there is such a tort under Idaho law." Carrier, supra. Second, the plaintiff must show that "[no] exception to liability under the ITCA shields the alleged misconduct from liability." Id. (quoting Coonse v. Boise Sch. Dist., 132 Idaho 803, 805, 979 P.2d 1161, 1163). Third, if no exception applies, the plaintiff still must meet its burden of showing that it is entitled to recovery based on the merits of its claim. On a motion for summary judgment, therefore, a court must first determine whether the plaintiff has stated a valid tort under Idaho law and whether the ITCA provides immunity, after which it proceeds to consider "whether the merits of the claim as presented for consideration on the motion for summary judgment entitle the moving party to [judgment]." Id. (quoting Coonse, supra).

In this case there were apparently affidavits before the district court that are cited to this Court but not included in the record on appeal. However, there is a verified complaint which sets forth facts that would constitute negligence by the school district if established. These factual allegations are sufficient to analyze the applicability of the school district's claim of immunity for negligence.

IV. IDAHO CODE SECTION 6-904A(2) DOES NOT PROVIDE IMMUNITY TO THE DISTRICT FOR THE CLAIM OF NEGLIGENCE

A. The Appellants Have Stated a Cause of Action.

The school district bears "a common law duty to protect against the reasonably foreseeable risk of harm to a student while in the [d]istrict's custody." Rife v. Long, 127 Idaho 841, 846, 908 P.2d 143, 148 (1995) (emphasis omitted). This duty is not restricted to activities in the classroom: "Generally, schools owe a duty to supervise the activities of their students whether they be engaged in curricular activities or non-required but school sponsored extra-curricular activities." Bauer v. Minidoka Sch. Dist. No. 331, 116 Idaho 586, 590, 778 P.2d 336, 340 (1989) (quoting Albers v. Independent Sch. Dist. No. 302, 94 Idaho 342, 344, 487 P.2d 936, 938 (1971)).

Pursuant to I.C. § 33-512(4), school districts are under a statutory duty to protect the morals and health of their students. Rife, 127 Idaho at 845, 908 P.2d at 147 (citing Czaplicki, 116 Idaho at 331, 775 P.2d at 645; Doe v. Durtschi, 110 Idaho 466, 716 P.2d 1238 (1986)). This provision "does not create a separate tort or a new cause of action," but "merely supports the existence of a common law cause of action against a school district." Coonse, 132 Idaho at 807, 979 P.2d at 1165.

The duty is not an absolute mandate to prevent all harm; rather, schools are obligated to exercise due care and take reasonable precautions to protect their students. See Doe v. Durtschi, 110 Idaho at 472, 716 P.2d at 1244 ("[T]he school district had a statutory duty to make reasonable efforts to protect its students from . . . danger. A breach of that duty constitutes negligence."). The school's duty includes "anticipat[ing] reasonably foreseeable dangers and [taking] precautions protecting the child in its custody from such dangers." Bauer, 116 Idaho at 590, 778 P.2d at 340 (quoting Carabba v. Anacortes Sch. Dist. No. 103, 72 Wash.2d 939, 435 P.2d 936 (1967)). For that reason, "the fact that [a plaintiff's] injuries were caused by a third party does not absolve [a] school district from liability for its negligence" if the third party's actions were the foreseeable result of the school's negligence. Doe v. Durtschi, 110 Idaho at 472-73, 716 P.2d at 1244-45.

The negligence claim relies upon a number of acts and omissions attributable to the school which, if proved, would constitute a breach of duty sufficient to allow a recovery for Alyssa's injuries. Alyssa was a student in the custody of the school and was injured while participating in a school-sponsored activity. The Appellants...