Smith v. Leake County School DistrictAnnotate this Case
After a year of bullying and intimidation by a small group of students, Yahenacy Smith was beaten and severely injured while riding the school bus home. Smith sued the Leake County School District, alleging negligence and negligence per se. The circuit court found that the school district was entitled to discretionary-function immunity and granted the school district’s motion for summary judgment. Smith appealed. Finding that the broad governmental function of the school district here was ministerial, the Mississippi Supreme Court reversed the circuit court’s grant of summary judgment and remanded the case to the circuit court for Smith to proceed with her claims.