Norman v. Ogallala Public School District

Christopher Norman (plaintiff) was a student in a welding class at Ogallala High School (school) (defendant) taught by Willis Hastings. The class included instruction on welding techniques, and the enrolled students were beginners with no demonstrated proficiency in the field. The school provided some protective gear for students, including goggles, helmets, leather gloves, and leather leggings but did not require the students to use the items. The school did not provide protective leather aprons. Hastings told the students to wear protective clothing and gave them a handout that referenced leather clothing or clothing made from heavy, chemically treated cloth as options. However, Hastings allowed students to choose their own attire and suggested that the students bring an old shirt from home. Students were not prevented from welding regardless of attire, and parents received no information on protective clothing. In class, Norman was wearing an untreated flannel button-down shirt over an untreated T-shirt, both of which caught fire. Norman suffered severe burns to the left side of his body. Norman and his family brought a negligence action in a Nebraska trial court against the Ogallala Public School District, the school, and Hastings (defendants). Expert witnesses testified that industry standards recommended that cotton clothing be chemically treated before use as protective clothing. Experts further testified that standards required durable, flame-resistant aprons to be used by welders. The evidence presented also showed that a leather apron or proper shirt material would have prevented Norman’s burns. The trial court found the school negligent in allowing students to wear improper attire, failing to enforce protective gear, failing to provide parents with proper information about protective clothing, and failing to provide leather aprons for class. The school appealed to the Nebraska Supreme Court.