358 S.W.3d 1
Ky. Ct. App.2011Background
- Faulkner, a parent of a Seneca High School soccer player, was volunteering at the school’s concession stand when injured.
- The concession stand had an overhead wooden door; the window opening was covered by a chain-attached panel when in use.
- To fully open the concession stand door, staff routinely wedged the door under the window covering, propping it open.
- On the day of injury, the window was propped open in the customary manner, and the door slipped, striking Faulkner.
- Faulkner sued JCBE and Athletic Director Greenwald for negligence in maintaining the concession stand.
- The trial court granted summary judgment for JCBE and Greenwald on immunity grounds; Faulkner appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity applicability | Greenwald’s duty was ministerial; immunity does not apply. | Discretionary acts within authority are immune from suit. | Greenwald not immune; summary judgment inappropriate. |
| Ministerial vs discretionary duty of concession-stand maintenance | Maintenance is ministerial and actionable for negligence. | Maintenance can be discretionary in method and scope. | Maintenance was ministerial; immunity not applicable; case remanded for fact-finder. |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (immunity framework and sovereign/official immunity origins)
- Sloas v. Rowan County, 201 S.W.3d 469 (Ky. 2006) (two-tier immunity; discretionary vs ministerial analysis)
- Schwindel v. Meade County, 113 S.W.3d 159 (Ky. 2003) (school officials liable for ministerial duty negligence)
- Collins v. Commonwealth of Ky. Natural Resources and Environmental Protection Cabinet, 10 S.W.3d 122 (Ky. 1999) (discretion vs ministerial determination; routine inspections)