Parker v. Wynn
Georgia Court of Appeals
438 S.E.2d 147 (1993)
- Written by Daniel Clark, JD
Facts
James Wynn (defendant) was a teacher at Harris County High School, which was part of the Harris County School District (district). While teaching a senior physical education class, Wynn briefly left his students unattended in the gym to retrieve documents from his office. While Wynn was doing so, one of his students threw pecans at a group of freshman students, including Christopher Parker (plaintiff). A pecan struck Parker in the eye. The district had not purchased any general liability insurance. However, Wynn had private liability insurance through the teachers’ union. Parker sued Wynn under a theory of negligent supervision. Wynn and Parker agreed that Wynn’s decision to retrieve Wynn’s documents was a discretionary act to which sovereign immunity would attach unless Wynn had waived sovereign immunity. The trial court issued a grant of summary judgment in favor of Wynn, finding that Wynn’s purchase of private liability insurance did not constitute a waiver of sovereign immunity. Parker appealed.
Rule of Law
Issue
Holding and Reasoning (Blackburn, J.)
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