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Keywords

tortplaintiffdefendantnegligencemotionmotion to dismiss
tortplaintiffdefendantdamagesnegligenceliabilitypleamotionwillmotion to dismiss

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C.H. v. Los Lunas Schools Bd. of Educ., 852 F.Supp.2d 1344, 283 Ed. Law Rep. 219, 100 A.L.R.6th 753

Facts

C.H. is the parent of R.H., a student at Valencia High School who was a member of the varsity football team. In October 2010, R.H. was attacked by three senior teammates in a hazing incident that involved physical and sexual assault. This incident followed a pattern of hazing that had been occurring within the team, and other players had previously been attacked. C.H. alleged that the school officials failed to take appropriate action to prevent such incidents despite being aware of the risks associated with hazing.

C.H. is the parent and legal guardian of R.H. See Complaint for Violation of Constitutional Rights, Negligence, and Violation of Title IX, ¶ 1, at 1, filed March 29, 2011 (Doc. 1) (“Complaint”). R.H. was a student during the 2010–2011 school year at Valencia High School in Los Lunas, New Mexico, and was a member of the school's varsity football team. See Complaint ¶ 12, at 2.

Issue

Whether the plaintiff's complaint sufficiently pled factual allegations that support a waiver of immunity under the New Mexico Tort Claims Act (NMTCA) for the negligence claim against the defendants.

The primary issue is whether Plaintiff C.H. has pled factual allegations that support a waiver of immunity under the New Mexico Torts Claim Act (“NMTCA”), N.M.S.A.1978, § 41–4–6.

Rule

Under the New Mexico Tort Claims Act, immunity can be waived for negligence claims if the alleged negligence creates a dangerous condition affecting a class of users of a public building, and not merely for negligent supervision.

The NMTCA is based on traditional tort concepts of duty and a reasonably prudent person's standard of care while performing that duty. See N.M.S.A.1978, § 41–4–2(B). The NMTCA's § 41–4–6 exempts from immunity 'liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, public park, machinery, equipment or furnishings.'

Analysis

The court analyzed the allegations in the complaint and determined that C.H. had sufficiently pled facts that went beyond mere negligent supervision. The court noted that the defendants had a duty to protect students from known risks, and the failure to educate players about hazing policies and to supervise the locker room created a dangerous condition for all young football players at the school.

C.H. argues that the Complaint properly pleads negligence against the Defendants, because the Complaint alleges that the Defendants knew or should have known that hazing was taking place in New Mexico, and that the Defendants failed to take proper action to protect younger members of the football team.

Conclusion

The court denied the defendants' motion to dismiss, concluding that the complaint adequately stated a negligence claim under the NMTCA.

The Court will deny the Motion to Dismiss. The Court finds that C.H.'s allegations go beyond negligent supervision and assert that the Defendants created a condition which posed a danger to all young football players at Valencia High School in Los Lunas, New Mexico.

Who won?

C.H. prevailed in the case as the court found that the allegations in the complaint were sufficient to support a negligence claim against the defendants.

C.H. prevailed in the case as the court found that the allegations in the complaint were sufficient to support a negligence claim against the defendants.

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