631 N.E.2d 1076 | Ohio Ct. App. | 1993
Plaintiff-appellant, Esther Redd, appeals the trial court's decision granting the motion for summary judgment filed by defendants-appellees, Springfield Township School District and Springfield Township School District Board of Education ("the school"). The trial court found that the school was immune from liability based on Ohio's sovereign immunity statute. We affirm.
Anthony Redd claims he was injured when he slipped in water in front of a drinking fountain at Schrop Middle School. Esther Redd commenced this action as the parent and natural guardian of Anthony. Esther alleged that as a result of the school's negligence, Anthony was injured and that she was deprived of Anthony's service, comfort and companionship. The school moved for summary judgment which was granted on November 20, 1992. Esther appeals raising three assignments of error which will be combined for purposes of analysis:
"I. The trial court committed reversible error in granting summary judgment because defendants-appellees have a mandatory duty to keep their hallways open, in repair and free from nuisance pursuant to O.R.C. Section
"II. The trial court committed reversible error in granting summary judgment because the defendants-appellees' duty to keep their hallways open, in repair and free from nuisance is not a discretionary matter pursuant to O.R.C. Section
"III. The trial court committed reversible error in granting summary judgment because the question of whether defendants-appellees' misconduct is wanton is a question of fact for the jury."
A court may grant summary judgment if it finds that:
"(1) No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party." Temple v. Wean United, Inc. (1977),
The burden of establishing the appropriateness of summary judgment is on the moving party. Hamlin v. McAlpin Co. (1964),
A school is a political subdivision within the meaning of R.C. Chapter 2744, Ohio's sovereign immunity law. See R.C.
Redd asserts that the school is liable for Anthony's injuries based on R.C.
We have stated that there is no general duty upon school officials to watch over each child at all times. Miller v.Howard (July 18, 1990), Lorain App. No. 89CA004730, unreported, at 4, 1990 WL 102448; Nottingham v. Akron Bd. of Edn. (1992),
In this case there is no evidence that the school's personnel could have prevented Anthony's injuries. Appellant asserts that the water on the floor was spilled by students using the drinking fountain during the class change between the seventh and eighth periods. Anthony slipped during this time while he was chasing another student in the hallway. At deposition, Anthony testified that he did not see any water before he slipped. The water that accumulated apparently did so between classes, particularly during a time when students would use the fountain before going to choir. Dorsey Whited, the school's custodian, testified that students would sometimes spill water on the floor near the drinking fountains. Accordingly, he would walk through the school hallways and check to see if any area needed to be cleaned. On the day Anthony was injured, there is no evidence that a large spill existed at this drinking fountain. The school's employees were not negligent in this instance. To overcome a motion for summary judgment a plaintiff must produce more than a mere scintilla of evidence in support of her position. Anderson v. Liberty Lobby, Inc. (1986),
The trial court's judgment is affirmed.
Judgment affirmed.
BAIRD, P.J., and DICKINSON, J., concur.