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Hacking v. Town of Belmont

New Hampshire Supreme Court
736 A.2d 1229 (1999)

Written by Kate Luck, JD

Facts

Chelsea Hacking, a sixth-grade student, sustained a permanent injury to her leg during a school basketball game after the other team’s players knocked Chelsea down twice and stepped on her leg. Chelsea’s parents, Nancy and Charles Hacking, Jr. (plaintiffs), sued the town of Belmont and the Shaker Regional School District (collectively, the school district) (defendants), which organized the game, for negligence. The Hackings alleged that the school district was negligent in training and supervising the referees and coaches, and that the referees and coaches were negligent in their decision-making during the game. The school district filed a motion to dismiss, alleging that it was immune from suit under the discretionary-function doctrine. The trial court denied the school district’s motion to dismiss, and the school district filed an interlocutory appeal.

Rule of Law

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Holding and Reasoning (Brock, C.J.)

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