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Keywords

lawsuitnegligenceliabilitystatuteappealtrialsummary judgment
plaintiffdamagesnegligenceliabilityappealtrialmotionsummary judgmentcorporationnonprofitsustainedmotion for summary judgment

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Shriver v. Athletic Council of Kansas State University, 222 Kan. 216, 564 P.2d 451

Facts

Victoria Ann Shriver, a university student, was injured while waiting to purchase football tickets from the Athletic Council of Kansas State University. She arrived early and settled in a sleeping bag, but when the Athletic Council changed the ticket sale location, a rush ensued, leading to her being trampled. Shriver filed a lawsuit against the Athletic Council for negligence, which the trial court dismissed, citing governmental immunity. Shriver appealed the decision.

This action was commenced by Victoria Ann Shriver against The Athletic Council of Kansas State University (the Athletic Council), a corporation, to recover damages for personal injuries which she alleges were sustained as a result of negligence on the part of the Athletic Council, its agents and employees. Briefly, plaintiff, a student at the University, claims that she was injured while she was waiting to purchase football tickets. She arrived several hours before the tickets were to go on sale. The place of sale had been specified in advertisements by the Athletic Council. Plaintiff crawled into a sleeping bag and settled in for a long wait. A large crowd collected. Abruptly, the Athletic Council changed the place of sale and caused the change to be announced over loud speakers. This precipitated an uncontrolled mass rush by the crowd, and during the course of the stampede plaintiff was trampled and severely injured.

Issue

Whether the Athletic Council, as an instrumentality of Kansas State University, is entitled to governmental immunity from liability for negligence, and if so, whether that immunity has been waived.

Whether the Athletic Council, as an instrumentality of the University, partakes of that governmental immunity established by K.S.A. 46-901; and, if so, then whether that immunity has been waived.

Rule

The Athletic Council of Kansas State University is considered an instrumentality of the University and is generally immune from liability for negligence under K.S.A. 46-901. However, this immunity can be waived if the Council procures liability insurance, as specified in K.S.A. 74-4716, which allows for such a waiver to the extent of the insurance coverage obtained.

The Athletic Council, a nonprofit corporation, is an instrumentality of Kansas State University and is immune from liability for negligence under K.S.A. 46-901; the legislature has specifically waived that immunity to the extent of liability insurance procured; K.S.A. 75-4101, et seq., do not prohibit the Athletic Council from purchasing liability insurance with moneys other than appropriated state funds.

Analysis

The court analyzed the relationship between the Athletic Council and Kansas State University, concluding that the Council operates as an integral part of the University and thus shares in its governmental immunity. However, since the Council had purchased liability insurance, the court found that this immunity was waived to the extent of the policy. The court also determined that the statutes governing insurance procurement did not prohibit the Council from using non-state funds to purchase insurance.

We conclude that the Athletic Council is an instrumentality of Kansas State University. As such, it shares in the governmental immunity mandated by the legislature through K.S.A. 46-901. Governmental immunity is clearly and specifically waived by K.S.A. 74-4716 to the extent of the insurance obtained, whatever the policy limits may be.

Conclusion

The trial court's grant of summary judgment in favor of the Athletic Council was reversed, allowing Shriver's claim to proceed based on the waiver of immunity due to the purchased liability insurance.

The trial court erred in sustaining the motion for summary judgment. The judgment is reversed.

Who won?

Victoria Ann Shriver prevailed in her appeal against the Athletic Council of Kansas State University. The court found that the Athletic Council, while generally immune from liability due to its status as an instrumentality of the University, had waived this immunity by purchasing liability insurance. This decision allowed Shriver's negligence claim to move forward, as the court recognized that the immunity provided by K.S.A. 46-901 was not absolute when insurance coverage was in place.

Victoria Ann Shriver prevailed in her appeal against the Athletic Council of Kansas State University. The court found that the Athletic Council, while generally immune from liability due to its status as an instrumentality of the University, had waived this immunity by purchasing liability insurance.

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