Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
A town, a board of education, and a gym coach were denied summary judgment in a student's personal injury action, pursuant to Conn. Gen. Stat. § 52-557n, because there was a material issue of fact as to whether or not there was a policy in effect requiring the coach to perform ministerial duties at a practice where the student was injured.
The plaintiff, Charlotte Black, was injured during practice as a student athlete member of the Staples High School gymnastics team in the Staples High School gym. The injury occurred at 3:45 pm on Febraury 27, 2009, after the students were discharged from the school day. Staples High School is the public high school for the Town of Westport. The five defendants are the Town of Westport, as the owner of the school property, the Westport Board of Education, as chairmen of the Board of Educations, Martin Lisevick, as athletic director of Staples High School, and Melissa Zygmont, an employee of the Westport Board of Education and head coach of the Staples Gymnastics team. The four count lawsuit alleges violations of ministerial and discretionary duties.
The main allegations of the complaint are as follows: at about 3:45 pm, while in the Staples High School gym, the defendant coach Zygmont “singled the plaintiff out from the rest of her teammates” and directed her to go practice by herself in a separate area of the gym apart from the rest of her teammates to practice and attempt a maneuver known as the Yamashita vault. The plaintiff had never attempted this maneuver, and had no supervision during her first attempts. The plaintiff was unable to complete it and landed on her head and neck suffering severe personal injuries.” The defendants moved to dismiss, and argued that, as municipal employees, the defendants were entitled to qualified immunity in the performance of a governmental duty.
The court denied the motion to dismiss. While a municipal employee is protected by governmental immunity, that same immunity is not applicable where that same employee misperforms a ministerial act, as opposed to a discretionary act. A ministerial duty “refers to duty which is to be performed in a prescribed manner without the exercise of judgment or discretion” says the court. The court found that there was no sufficient evidence to contradict the apparent indications of ministerial duty. In this respect, the superior court remanded the case to trial for a determination of whether the policy and expectations of the Staples Gymnastics team imposed ministerial duties on the defendant, and whether such duties were violated.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Black v. Town of Westport, 2013 Conn. Super. LEXIS 1350 (Conn. Super. June 17, 2013)
