Negligence: Wrongful Death – School District Defendants – Official Immunity

Where plaintiffs brought a wrongful death action against a school district and individual defendants after their daughter died as the result of a head injury suffered in her physical education class, the individual defendants bore the burden of proving that they were entitled to official immunity, and the trial court improperly shifted the burden to the plaintiffs by requiring them to plead a violation of a ministerial duty established by a statute or regulation, and the teachers and a health aide were not entitled to official immunity as a matter of law because they failed to establish that their actions were discretionary, so summary judgment for those defendants is reversed and remanded, but summary judgment in favor of the principal, district nurse and superintendent is upheld because the allegations of negligent hiring and supervision were discretionary and covered by official immunity.

Judgment is reversed in part; remanded.

Nguyen, et al. v. Grain Valley R-5 School District, et al. (MLW No. 63068/Case No. WD73182 – 14 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Jackson County, Grate, J. (Leland F. Dempsey for appellants) (Jo Stephanie Warmund for respondents).

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