Martinez v. New Haven

At issue was whether the trial court erred in determining that Plaintiff proved the imminent harm to identifiable persons exception to the defense of governmental immunity with respect to injuries he sustained when other students ran with a pair of scissors in the auditorium of his school. Plaintiff filed suit against the City of New Haven, the Board of Education of the City of New Haven, and the Superintendent of New Haven Public Schools seeking damages for, inter alia, negligent supervision of students. The trial court found in favor of Plaintiff on his negligent supervision claim. The Supreme Court reversed in part the judgment of the trial court, holding (1) Plaintiff failed to prove that Defendants’ conduct subjected an identifiable person to imminent harm; and (2) the trial court implicitly granted Defendants’ request to amend their answer to plead governmental immunity as a special defense. View "Martinez v. New Haven" on Justia Law