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Glaser v. Emporia Unified School District Number 253

Kansas Supreme Court
21 P. 3d 573 (2001)


Facts

Todd Glaser (plaintiff) was a 12-year-old seventh-grade student at Lowther Middle School. The school was operated by Emporia Unified School District Number 253 (the District) (defendant). The District had adopted a policy that required teachers who see students in a potentially dangerous situation to try to halt or prevent injury to the students or property if the teachers are reasonably able to do so. On December 22, 1993, Glaser arrived at school around 7:45 am, which was 25 minutes before school began. After arrival, Glaser remained outside the school, instead of waiting for school to begin inside the school building. The District did not provide supervision outside of the school building prior to the beginning of the school day. Another student chased Glaser, and Glaser ran off the school property into a public street. Glaser was struck by a vehicle driving on the street. Glaser sued the District for failing to provide supervision. The trial court ruled that the District had no duty to supervise Glaser. Glaser appealed to the Kansas Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Allegrucci, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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