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Keywords

plaintiffdefendantnegligenceliability
tortplaintiffdefendantdamagesnegligence

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Whitney v. City of Worcester, 373 Mass. 208, 366 N.E.2d 1210

Facts

Kris Whitney, a six-year-old student with limited vision, was injured when a defective door at his school struck him on the head. The plaintiffs alleged that the school officials failed to provide adequate supervision and assistance for Kris, who was directed to recess despite his condition. After the accident, the school staff did not seek immediate medical attention for him, which allegedly led to his total blindness. The defendants included the city of Worcester, school committee members, the superintendent, and various school staff.

The complaint in this case alleges that Kris Whitney, a six-year old first grader at the Downing Street School in Worcester who was totally blind in his left eye and had limited vision in his right eye due to congenital glaucoma, was totally blinded as a result of his being struck on the head by a defective door at the school.

Issue

The main legal issue was whether the defendants could be held liable for negligence under the governmental immunity doctrine, particularly in light of the actions taken by school officials regarding Kris's safety and medical attention.

By this case we are again confronted with the question of the continued viability of the existing governmental immunity doctrine in this Commonwealth.

Rule

The court applied the principle that municipalities are generally immune from liability for negligent acts performed by public officers in the conduct of public functions, but this immunity may be abrogated in cases where the conduct is ministerial rather than discretionary.

Under the existing law of the Commonwealth, it is well established that a municipality is not liable for negligent or otherwise tortious acts in the conduct of its schools.

Analysis

The court analyzed the actions of the school officials, determining that the failure to provide supervision and the decision to withhold medical attention were ministerial acts, which could expose the defendants to liability. The court noted that the previous classification of these actions as nonfeasance would not protect the defendants under the new principles it intended to establish, which would allow for liability in cases of negligence in the execution of established policies.

The conduct raised in these two allegations is clearly ministerial. Under the new principles which we would establish, the officers (and consequently the city) would not be immune, although there was no misfeasance.

Conclusion

The court concluded that the case should be remanded for further proceedings, allowing for the possibility of liability against the school officials based on their alleged negligence.

We think that the appropriate dividing line falls between those functions which rest on the exercise of judgment and discretion and represent planning and policymaking and those functions which involve the implementation and execution of such governmental policy or planning.

Who won?

The plaintiffs prevailed in the sense that the court remanded the case for further proceedings, indicating that the governmental immunity doctrine may be reconsidered.

The plaintiffs Kris Whitney (Kris) and his father, Glen A. Whitney (Whitney), brought this action in the Superior Court for Worcester County to recover for personal injuries and consequential damages caused by the alleged negligence of the defendants.

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