Alissa Lamb m/n/f Logan Lamb v. Shaker Regional School District
168 N.H. 47
| N.H. | 2015Background
- On May 7, 2012, student Logan Lamb was tackled on a school playground and apparently suffered a head injury; he was later found wandering disoriented in school halls.
- School nurse kept Logan in the nurse’s office for ~50 minutes, did not call an ambulance; his mother later took him to the ER where a concussion was suspected.
- Mother (Alissa Lamb) sued Shaker Regional School District alleging a special-relationship duty and negligent supervision/response while Logan was under the district’s care.
- The district moved to dismiss, invoking municipal immunity under RSA 507-B:5; it argued the claim did not fit the RSA 507-B:2 exception (ownership/occupation/maintenance/operation of premises).
- The superior court granted the motion to dismiss; Lamb appealed, arguing (1) the premises exception applies and (2) she should be allowed discovery to show known supervisory deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RSA 507-B:2’s "operation of . . . premises" exception applies | Lamb: injury arose from operation of school premises (special-relationship and breach related to premises) | School: claims do not arise from ownership/operation of physical premises and are barred by RSA 507-B:5 immunity | Held: Exception requires nexus to operation/ownership/occupation of physical premises; Lamb’s claims do not meet that test, so immunity applies |
| Whether plaintiff should get discovery to show the school knew of supervisory deficiencies | Lamb: discovery could reveal knowledge/failure to correct supervision, which would defeat immunity | School: discovery would not overcome statutory immunity for the pleaded claims | Held: Discovery would not cure the lack of a premises nexus; immunity bars the suit, so no remand for discovery |
Key Cases Cited
- Farm Family Cas. Ins. Co. v. Town of Rollinsford, 155 A.2d 669 (N.H. 2007) (construing "operation" and holding governmental unit did not "operate" private property)
- Dichiara v. Sanborn Reg'l Sch. Dist., 165 A.3d 694 (N.H. 2013) (requiring nexus between claim and governmental unit’s ownership/occupation/operation of premises for RSA 507-B:2)
- Chatman v. Strafford County, 163 A.3d 320 (N.H. 2012) (motor vehicle exception requires causal connection to vehicle’s use; mere situs is insufficient)
- Marquay v. Eno, 139 A.2d 708 (N.H. 1995) (recognizing certain common-law duties of school officials to protect students from known sexual misconduct; did not address municipal immunity)