Brahatcek v. Millard School District

273 N.W.2d 680 (1979)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Brahatcek v. Millard School District

Nebraska Supreme Court
273 N.W.2d 680 (1979)

Facts

David Wayne Brahatcek, a 14-year-old student, died after being hit by a golf club swung by fellow student Mark Kreie during a mandatory indoor physical-education golf class at Millard Central Junior High School (school). The accident occurred while Kreie was trying to show David how to swing a club. David, who had no prior golf experience and who may not have been warned by the teachers of the danger posed by a golf club, was approximately 10 feet away from Kreie when Kreie took two practice swings. However, without Kreie’s knowledge, David moved much closer to Kreie before Kreie took a full swing, and Kreie hit David with Kreie’s backswing. Darlene Brahatcek (plaintiff), David’s mother, brought a wrongful-death action against the Millard School District (district) (defendant) in her capacity as the administrator of David’s estate. Darlene alleged that the teachers (including a student teacher who was filling in for an absent, experienced teacher) who were supposed to supervise the class failed properly to do so because they did not follow the school principal’s written safety instructions for indoor golf classes and did not pay sufficient attention to David during the class. Darlene also presented evidence that the substitute student teacher had not been properly instructed about how to conduct the class. The case was tried by the judge without a jury. The judge ruled in Darlene’s favor, awarding her $3,570.06 in special damages, $50,000 in general damages, and costs. The district appealed, arguing, among other things, that (1) David was contributorily negligent and (2) there was insufficient evidence that the teachers provided inadequate supervision.

Rule of Law

Issue

Holding and Reasoning (Spencer, C.J.)

Dissent (Colwell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership