Kentucky Supreme Court
Joe Marson Carolyn Martin and Eddie Hamilton v. Sherry Thomason
April 17, 20142014 Ky. LEXIS 167
Summary
The court held that the two principals were entitled to qualified official immunity because their responsibilities involved discretionary operational supervision and assignment of duties, rather than personally performing the routine task of extending the bleachers. It held that the teacher assigned to bus duty was not immune because supervising and coordinating students under an established routine was ministerial, leaving whether he negligently performed that duty for the jury. The judgment was therefore reversed as to the principals, affirmed as to the teacher, and remanded. Cunningham, J., concurring in part and dissenting in part, would also have granted the teacher qualified immunity because he did not control the bleacher placement.