Mareci v. Coeur D'Alene School District No. 271
150 Idaho 740
| Idaho | 2011Background
- Tristen Mareci, a sixth-grader, injured his head at Canfield Middle School after an incident with classmate Quinton Kamara.
- Ms. McIntosh (school secretary) and Ms. McLain (school counselor) were school district employees involved in Tristen’s care during the events.
- Tristen reported a second injury from Quinton on the school bus; symptoms included headaches and dizziness.
- Plaintiffs, James and Lorie Mareci, filed suit on July 28, 2008 seeking damages from the School District, Quinton, and the Kamaras.
- The district court granted summary judgment, dismissing the School District from the action; plaintiffs appealed.
- The issue centers on Idaho Code § 6-904A(2) immunity and potential attorney fees under § 12-117(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 6-904A(2) immunize the district from liability for injuries caused by a student under its supervision? | Marecis argue district liability not barred by immunity because claim includes negligence. | District contends immunity applies; liability only if malice, recklessness, or willful conduct by district employees. | Yes; immunity applies unless malice, recklessness, or willful and wanton conduct shown by district employees; here not shown. |
| Can plaintiffs pursue ordinary negligence claims despite § 6-904A(2) immunity? | Plaintiffs allege negligent supervision and negligent failure to implement policies. | Immunity precludes ordinary negligence claims when the injury arises from a student under supervision. | Immunity bars ordinary negligence claims relating to supervision; 6-904A(2) governs. |
| Is the School District entitled to attorney fees under § 12-117(1)? | N/A | Prevailing party should be awarded attorney fees due to lack of reasonable basis. | District entitled to attorney fees on appeal as prevailing party. |
Key Cases Cited
- Coonse ex rel. Coonse v. Boise School Dist., 132 Idaho 803 (1999) (immunity under 6-904A(2) depends on status of the person causing injury)
- Hei v. Holzer, 139 Idaho 81 (2003) (supervision immunity not limited to employees; teacher case distinguished)
- Sherer v. Pocatello School Dist. No. 25, 143 Idaho 486 (2006) (contractor supervision scenario; not controlling here)
- Brooks v. Logan, 130 Idaho 574 (1997) (6-904A(2) bars claims for failure to supervise students)
- Mickelsen v. School Dist. No. 25, 127 Idaho 401 (1995) (immunity limited when injury by person under supervision)