Brahatcek v. Millard School District

273 N.W.2d 680 (1979)

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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.)

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