Fenrich v. The Blake SchoolAnnotate this Case
The Supreme Court reversed the judgment of the court of appeals affirming the district court’s grant of summary judgment for The Blake School (the school) on Appellant’s negligence action based on a fatal accident caused by a high-school student while he was driving his cross-county teammates and a volunteer coach to an extracurricular athletic competition, holding that summary judgment was not proper under the circumstances of this case.
In granting summary judgment for the school, the district court concluded that the school did not owe a duty of care to members of the general public as a matter of law. The court of appeals affirmed on a different ground, concluding that the school’s conduct did not create a foreseeable risk of injury to a foreseeable plaintiff. The Supreme Court reversed, holding (1) the school was subject to the black-letter common-law rule that it may be liable for the negligence of others if its own conduct creates a foreseeable risk of injury to a foreseeable plaintiff; and (2) foreseeability was at least a close call, making summary judgment on the element of duty inappropriate.