Clark County School District v. Payo

The Supreme Court reversed the judgment on a jury’s negligence verdict awarding past and future medical damages to a former middle school student who sustained an eye injury during his physical education class. On appeal, Appellant-school district argued that the judgment should be reversed because (1) the implied assumption of risk doctrine barred Respondent’s claims; (2) Respondent’s claims should have been dismissed under the discretionary-function immunity doctrine; and (3) the evidence did not support a finding of proximate cause. The Supreme Court held (1) the implied assumption of risk doctrine did not apply in this case; (2) the doctrine of discretionary-function immunity applied to the school district’s decisions to add floor hockey as a unit of the physical education curriculum and to not provide safety equipment, but the school district was not immune for liability for allegedly negligent administration, instruction and supervision of the floor hockey class; and (3) Respondent failed, as a matter of law, to provide sufficient evidence to support the jury’s finding of proximate cause, and therefore, his negligence claim failed. View "Clark County School District v. Payo" on Justia Law