See You In Court! CABE Monthly Column
“See You In Court!” is written by Thomas Mooney and appears in the CABE Journal, a publication of the Connecticut Association of Boards of Education.
The Nutmeg Board of Education has had its share of legal disputes, and last month was no exception. Local attorney Bill Alot has sued the district on behalf of Sammy Student, who sprained his ankle playing football. Bill claimed that Coach Rock was negligent in permitting players to play on slippery grass while it was raining.
When veteran Board member Bob Bombast heard about this claim, he demanded that Ms. Chairperson put the matter on the agenda for the next meeting. He also asked that Ms. Board Attorney attend the meeting to advise the Board on the merits of the claim.
Ms. Chairperson included “Discussion and possible action on pending litigation” on the agenda for the November meeting of the Board, and Ms. Board Attorney attended that meeting as requested. When the Board reached that item on the agenda, Ms. Chairperson announced that the Board would convene in executive session to discuss this matter. As the Board members were getting up to retire to the adjoining conference room for the executive session, however, local reporter Nancy Newshound interrupted the proceedings to object. “I see that Executive Session is not listed on the agenda, and everyone knows that the Board can only discuss matters on the agenda.” The Board members did their best to ignore Nancy as they left for the executive session except for Bob Bombast, who told Nancy to mind her own business as he walked past her.
Once in executive session, Ms. Chairperson asked Ms. Board Attorney to update the Board on the matter. Ms. Board Attorney explained that the court will likely dismiss the claim because everyone plays football in the rain. In response, Board member Mal Content wondered aloud whether football games should nonetheless be delayed or rescheduled when it rains as they do with baseball games. Ms. Board Attorney explained, however, that Coach Rock would be liable (triggering a Board duty to indemnify Coach Rock for any damages) only if he acted unreasonably, and having the team play football in the rain was not unreasonable.
Bob thanked Ms. Board Attorney for her analysis and then made a suggestion. “I think that we should adopt a policy requiring parents to waive liability claims if they want to let their children play football. Everyone knows that students get hurt all the time playing football.” Mr. Superintendent expressed reservations about such a policy, but the Board members agreed with Bob that requiring such waivers would be a good thing. Bob asked Ms. Board Attorney to draft a waiver form for the Board to review, and he asked her to provide a written opinion that Sammy’s claim is without merit so that he can let Coach Rock know that he can continue to have the team play in the rain. Ms. Board Attorney said that she would get right on it, and the Board reconvened in open session.
Bob and the other Board members were delighted to receive the requested opinion letter and draft waiver form from Ms. Board Attorney the following week. Bob promptly shared the waiver form with Coach Rock and told him to have parents sign the waiver form. Bob went a step further, however, and he posted the letter from Ms. Board Attorney on Facebook with a personal rant about Attorney Bill Alot and his bogus claims, stating that Sammy and his parents should be ashamed of themselves.
