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Kroger by and Through Kroger v. Davis

Supreme Court of Alabama
Apr 9, 1993
622 So. 2d 303 (Ala. 1993)

Summary

In Kroger v. Davis, 622 So.2d 303 (Ala. 1993), the Court held that two teachers who were supervising their students on a playground during recess were exercising a discretionary function; that fact provided them immunity from liability for a child's injury during the recess.

Summary of this case from Faulkner v. Patterson

Opinion

1911253.

April 9, 1993.

Appeal from the Chilton Circuit Court, No. CV-90-183, Stephen W. Drinkard, J.

Scott A. Powell of Hare, Wynn, Newell Newton, Birmingham, for appellants.

Mark S. Boardman and Perryn S. Godbee of Porterfield, Harper Mills, P.A., Birmingham, for appellees.


Tatum Kroger, a second grade student, was injured by another student or students on a school playground during recess. She and her father brought an action against the two schoolteachers who were supervising the students during recess. In supervising the students during recess, the defendant teachers were performing a discretionary function and are therefore immune from liability. Nance v. Matthews, 622 So.2d 297 (Ala. 1993). The summary judgment for the defendants is affirmed.

AFFIRMED.

HORNSBY, C.J., and ADAMS, STEAGALL and INGRAM, JJ., concur.


Summaries of

Kroger by and Through Kroger v. Davis

Supreme Court of Alabama
Apr 9, 1993
622 So. 2d 303 (Ala. 1993)

In Kroger v. Davis, 622 So.2d 303 (Ala. 1993), the Court held that two teachers who were supervising their students on a playground during recess were exercising a discretionary function; that fact provided them immunity from liability for a child's injury during the recess.

Summary of this case from Faulkner v. Patterson
Case details for

Kroger by and Through Kroger v. Davis

Case Details

Full title:Tatum KROGER, a minor, who sues By and Through her father and next friend…

Court:Supreme Court of Alabama

Date published: Apr 9, 1993

Citations

622 So. 2d 303 (Ala. 1993)

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Faulkner v. Patterson

622 So.2d at 303. In Kroger v. Davis, 622 So.2d 303 (Ala. 1993), the Court held that two teachers who were…

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