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. PattersonOpinion
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.