simonettivphilly

Simonetti v. School District of Philadelphia
454 A.2d 1038 (1982) Facts:


 * Defendant** - School District of Philadelphia denied liability on its part or the part of the classroom teacher.


 * Plaintiff** - The Simonettis believed that the classroom teacher and the school district were liable for negligence after their child was struck in the eye by a pencil thrown by another student while the teacher was out of the classroom supervising children coming back from recess.

1. Does a brief absence from class by a teacher constitute a breach of duty of reasonable supervision? No. 2. Was the teacher’s action “negligent” (one of the 3 grounds for action in tort cases)? No.
 * Issues/Answers:**

• Negligence differs from an intentional tort in that negligent acts are neither expected nor intended. For example, when a child closed a music room door, cutting off the tip of another student's finger, the court found no negligence, merely an accident. • For negligence to be present, someone must sustain an injury resulting from an unreasonable risk taken by another person. • The standard of care required of an officer or employee of a public school is that which a person of ordinary prudence charged with his duties, would exercise under the same circumstances. • “It is common knowledge that children may engage in horseplay.” (from the decision) • Teachers cannot anticipate the myriad of unexpected acts that occur every day in every classroom in the country.
 * Basis/Rationale:**


 * Notes:**

1. Contributory Negligence:"Conduct on the part of the plaintiff that falls below the standard to which he should conform for his own protections, and which is legally contributing cause cooperating with the negligence of the defendant in brining about the plaintiff's harm." 2. Fagan v Summers - Wyoming Supreme Court (1972) In a playground incident, one thrown rock bounced off of another rock and struck a child. Teacher was supervising well. Playground was kept in adequate condition. 3. Reasonable Supervision does not require constant unremitting scrutiny.