Wagner v. Alvarado Independent School Dist.
| Decision Date | 17 April 1980 |
| Docket Number | No. 6169,6169 |
| Citation | 598 S.W.2d 51 |
| Parties | James E. WAGNER et al., Appellants, v. ALVARADO INDEPENDENT SCHOOL DISTRICT et al., Appellees. |
| Court | Texas Court of Appeals |
This is an appeal from a summary judgment. Plaintiff-Appellants James E. Wagner and his daughter, Susan K. Wagner, sued Defendant-Appellees Alvarado Independent School District, Arthur Rasmussen (Susan's physics teacher), Jay Martin (principal of Alvarado High School), and David Wilkinson (Superintendent of the Alvarado I. S. D.), for damages sustained by Susan when she tripped and fell while carrying a glass jar full of acid at Alvarado High School.
On May 24, 1977, Susan Wagner, a junior at Alvarado High School, was attending Appellee Rasmussen's physics class. On that day the class was scheduled to review for the final exam to be given a few days later, but the review did not take the full class period. Alvarado Independent School District had just completed a new building at the high school and the science classes were to be conducted in the new building the next fall. Since many of the students had asked to see the new classrooms and since there was some class time left, Mr. Rasmussen agreed to take those students who so desired to see the new building. All of the science lab equipment and supplies had been moved to the new building except twelve one-gallon jars of assorted acids which remained in the physics classroom at the time. Mr. Rasmussen further suggested that each of the students going on the tour carry one of these bottles with them. All but one of the students agreed to carry a bottle. Susan, like the majority, volunteered to carry a jar of acid. Mr. Rasmussen instructed the students to be very careful in the way they handled these bottles, explaining that they contained dangerous chemicals, and the class remained in a group, under his supervision, as the trip was made to the new building. All the students and the bottles arrived safely at the new laboratory. Sometime later Susan and a friend, without the express request or permission of Mr. Rasmussen, returned to the old classroom to get two remaining bottles of acid. On the second trip to the new building, Susan fell on the stairs, the bottle of acid broke, and Susan received the injuries which form the basis of this suit.
Appellants brought this suit, alleging that all Defendant-Appellees were negligent in: 1) directing and permitting Susan Wagner to engage in such inherently dangerous activity without the consent of her parents; 2) in failing to hire professional and experienced contractors to move the dangerous materials; 3) in failing to use adult employees of Alvarado I. S. D. to move the dangerous materials; 4) in failing to provide Susan Wagner with protective clothing to prevent injury while transporting the dangerous substances; and 5) in failing to flush the skin of Susan Wagner with water immediately after the accident.
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