Lamb v. Shaker Regional Sch. Dist.
Annotate this CaseIn 2012, Logan Lamb, a student at a school operated by defendant, the Shaker Regional School District, was playing football on the playground during the lunch recess when another student tackled him and “slammed him to the ground,” causing injury to his head. Logan did not return to class after lunch, and none of the school’s staff reported the incident on the playground or that Logan was missing from class. Logan was later found wandering the halls, disoriented. He was taken to the nurse’s office, where he remained for approximately fifty minutes, at which point the nurse contacted plaintiff to pick him up. The nurse did not call for an ambulance. Plaintiff took Logan to the emergency room, where she learned that he had possibly suffered a concussion. In 2014, plaintiff filed her complaint alleging defendant “acted in a special relationship to [Logan], taking responsibility for [his] health, safety, and [well-being] while he was under its care, custody, and control,” and that it had breached its duty leading to Logan’s injuries. Defendant moved to dismiss, arguing that RSA 507-B:5 immunized it from plaintiff’s negligence claims and that those claims did not fall within the exception to immunity created by RSA 507-B:2. The trial court granted the motion to dismiss. On appeal, plaintiff argued that the trial court erred by failing to apply the exception to general immunity pursuant to RSA 507-B:2 (2010). Finding no reversible error, the Supreme Court affirmed.
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